Appellate Division: Second Judicial Department

M283869

MB/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

PAUL WOOTEN, JJ.

2021-04032 In the Matter of Sinclair Haberman, et al., respondents-appellants, v Zoning Board of Appeals of City of Long Beach, et al., appellants-respondents, et al., respondent. (Index No. 1138/2004)

Appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered May 17, 2021. Joint motion by the appellants-respondents and the respondents-appellants to hold the appeal and the cross appeal in abeyance or, in the alternative, to extend the time to perfect the appeal and to set a briefing schedule.

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 branch of the motion which is to hold the appeal and the cross appeal in abeyance is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal and to set a briefing schedule is granted, and on or before September 12, 2022, the appellants-respondents shall serve and file the joint record or appendix and the appellants-respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellants-respondents' brief and upload digital copies of the joint record or appendix and the appellants-respondents' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on or before November 14, 2022, the respondents-appellants shall serve and file the respondents-appellants' answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further;

ORDERED that on or before December 14, 2022, the appellants-respondents shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on or before December 30, 2022, the respondents-appellants shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., CHAMBERS, MILLER and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court