Supreme Court of the State of New York, Appellate Division : Second Judicial Department

July 6, 2026

2025-10492, 52502/2022

Angela G. Iannacci, J.P.

William G. Ford

Janice A. Taylor

Lourdes M. Ventura, JJ.

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DECISION & ORDER ON MOTION

Appeals from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated August 8, 2025, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants Ronald M. Evangelista and Franca Petrillo, inter alia, to stay all proceedings in an action entitled Wappingers Properties, LLC, et al., v Town of Wappingsers Planning Board, et al., pending before the same court under Index No. 53698/2021, pending hearing and determination of the appeal. Motion by the appellants Ronald M. Evangelista and Franca Petrillo pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of their appeal and to extend the time to perfect their appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to vacate the dismissal of the appeal by Ronald M. Evangelista and Franca Petrillo and to extend the time to perfect their appeal is granted, the dismissal of the appeal by Ronald M. Evangelista and Franca Petrillo pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 5, 2026, Ronald M. Evangelista and Franca Petrillo shall and serve and file the record or appendix and their appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and their appellants' brief and upload digital copies of the record or appendix and their appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion inter alia, to stay all proceedings in an action entitled Wappingers Properties, LLC, et al., v Town of Wappingsers Planning Board, et al., is denied.

IANNACCI, J.P., FORD, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court