Appellate Division: Second Judicial Department

M284555

MB/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2021-07118 In the Matter of Gayle Lombardi, respondent, v Town of Southampton, et al., appellants. (Index No. 1883/2020)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Suffolk County, dated July 20, 2021. Motion by the respondent to dismiss the appeal on the grounds that no appeal lies from a decision, the appeal was untimely taken, and the notice of appeal is defective. Motion by Town of Southampton and New York Town Board of Southampton, in effect, to deem the notice of appeal to reflect that they are the appealing parties, to deem the notice of appeal from the decision to be a notice of appeal from a judgment of the same court, entered August 18, 2021, and to extend the time to perfect the appeal. Application by Town of Southampton and New York Town Board of Southampton to extend the time to perfect the appeal.

Upon the papers filed in support of the motions 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 motion by the respondent to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion by Town of Southampton and New York Town Board of Southampton which is, in effect, to deem the notice of appeal to reflect that they are the appealing parties is granted, the notice of appeal is deemed to reflect that Town of Southampton and New York Town Board of Southampton are the appealing parties (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion by Town of Southampton and New York Town Board of Southampton which is to deem the notice of appeal from the decision to be a notice of appeal from a judgment of the same court, entered August 18, 2021, is granted and the notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,

ORDERED that the branch of the motion by Town of Southampton and New York Town Board of Southampton which is to extend the time to perfect the appeal and the application are granted, and on or before November 17, 2022, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court