Matter of Ressler v New York State Department of Environmental Conserv
Motion No: 2020-03115
Slip Opinion No: 2021 NY Slip Op 62430(U)
Decided on February 26, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275774

MB/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2020-03115, 2020-06909

In the Matter of Bruce J. Ressler, et al., appellants,

v New York State Department of Environmental

Conservation, et al., respondents.

(Index No. 3668/2019)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, dated January 29, 2020, and August 25, 2020, respectively. Separate motions by the respondent Village of Saltaire and the respondent Village People, LLC, to dismiss the appeal from the order dated August 25, 2020, on the ground that no appeal lies from an order denying reargument, to strike stated portions of the record which relate to that appeal, to strike stated portions of the appellant's brief which relate to that appeal, or in the alternative, to direct the filing of a replacement appellant's brief, and for an extension of time to serve and file their respective briefs.

Upon the papers filed in support of the motion by the respondent Village of Saltaire and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent Village People, LLC, and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to extend the time to serve and file the respondents' brief are granted, the time of the respondent Village of Saltaire and the respondent Village People, LLC, to serve and file their respective briefs via NYSCEF is extended until March 29, 2021, and the respondent Village of Saltaire and the respondent Village People, LLC, 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 held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

RIVERA, J.P., CHAMBERS, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court