Appellate Division: Second Judicial Department

M276121

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

BETSY BARROS

PAUL WOOTEN, JJ.

2020-05582, 2020-07427 In the Matter of Hudson Ridge Wellness Center, Inc., et al., petitioners-respondents, v Zoning Board of Appeals of the Town of Cortlandt, respondent- respondent, Citizens for Responsible Hudson Institute Site Development, Inc., appellant. (Index No. 1167/2020)

DECISION & ORDER ON MOTION

2020-09024

In the Matter of Hudson Ridge Wellness Center,

Inc., et al., petitioners-respondents, v Zoning Board

of Appeals of the Town of Cortlandt, respondent-

respondent, Citizens for Responsible Hudson

Institute Site Development, Inc., appellant.

(Index No. 1167/2020)

Appeals from two orders of the Supreme Court, Westchester County, dated May 26, 2020, and July 28, 2020, respectively, and an order and judgment (one paper) of the same court dated September 24, 2020. Motion by the petitioners-respondents to dismiss the appeals from the orders on the ground that the orders are not appealable as of right and leave to appeal has not been granted, and to dismiss the appeal from the order and judgment on the ground that the appeal was untimely taken, the appellant is not aggrieved by the order and judgment, and the appeal from the order and judgment has been rendered academic. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to dismiss the appeals from the orders are granted and the appeals from the orders are dismissed, without costs or disbursements (see CPLR 5701[b][1]); and it is further,

ORDERED that the branches of the motion which are to dismiss the appeal from the order and judgment on the ground that the appeal was untimely taken and the appellant is not aggrieved by the order and judgment are denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order and judgment on the ground that the appeal has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal from the order and judgment for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal from the order and judgment is extended, on or before May 17, 2021, the appellant shall serve and file, via NYSCEF, the record or appendix and the appellant's brief, the appellant shall file an original and five hard copies of the record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court, and the application is otherwise denied as academic.

DILLON, J.P., AUSTIN, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court