| Matter of Watts v City of Long Beach |
| Motion No: 2020-00073 |
| Slip Opinion No: 2020 NY Slip Op 72006(U) |
| Decided on September 21, 2020 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M273135
E/sl
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
ROBERT J. MILLER
ANGELA G. IANNACCI, JJ.
|
2020-00073 Nadine Watts, et al., appellants, v City of Long Beach, et al., respondents. (Index No. 611570/2019)
| DECISION & ORDER ON MOTION |
Appeal by Nadine Watts, Alison La Ferlita, and Leah Tozer from a judgment of the Supreme Court, Nassau County, entered December 18, 2019. Separate motions by the respondents City of Long Beach, Zoning Board of the City of Long Beach, Rocco J. Morelli, Barry Alton, Daniel Creighton, Esteban Acevedo III, Erica Rechner, Wanda Brooks and Michael Leonetti, and by the respondent South Nassau Communities Hospital, to strike the appellants' appendix as inadequate and dismiss the appeal or, if the appeal is not dismissed, to extend the time to serve and file their respective briefs.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are to strike the appellants' appendix as inadequate are granted, the appellants' appendix is stricken, and on or before November 4, 2020, the appellants shall serve and file, via NYSCEF, a replacement appellants' appendix that contains, inter alia, Exhibits W-2, W-4, and GG through YY of the certified return in their entirety, and the appellants shall file an original and five hard copies of the replacement appellants' appendix in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the branches of the motions which are to extend the movants' time to serve and file their respective briefs is granted, the movants' time to serve and file their respective briefs is extended, and on or before December 4, 2020, the movants shall serve and file, via NYSCEF, their respective briefs and the movants shall file an original and five hard copies of their respective briefs in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the motions are otherwise denied.
LEVENTHAL, J.P., HINDS-RADIX, MILLER and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court