Appellate Division: Second Judicial Department

M283778

MB/

FRANCESCA E. CONNOLLY, J.P.

ANGELA G. IANNACCI

CHERYL E. CHAMBERS

WILLIAM G. FORD, JJ.

2021-06025 Marsh Sanctuary, Inc., et al., respondents-appellants, v Town of Mount Kisco, et al., appellants-respondent Skull Island Partners, LLC, et al., respondents. (Index No. 60669/2020)

DECISION & ORDER ON MOTION s,

Appeal and cross appeal from an order of the Supreme Court, Westchester County, dated June 30, 2021, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Marsh Sanctuary, Inc., George Coppola, Ellen Molloy, Maryann Tarnok, Frank Paccetti, Barbara Paccetti, David Schwartz, and Mount Kisco Chase Home Owners Association, Inc., pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of their cross appeal and to extend the time to perfect their cross appeal (see 22 NYCRR 1250.9[f][1][iv]).

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

ORDERED that the motion is granted, the dismissal of the cross appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the cross appeal by the movants from the order dated June 30, 2021, is deemed to be an appeal from that order, the time to perfect that appeal is extended, and on or before August 5, 2022, the movants shall serve and file the record or appendix and a brief in connection with that appeal via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the record or appendix and the brief and upload digital copies of the record or appendix and the brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., IANNACCI, CHAMBERS and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court