Appellate Division: Second Judicial Department

M285299

KS/afa

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2021-06025 Marsh Sanctuary, Inc., et al., appellants-respondents, v Town of Mount Kisco, et al., respondents-appellant 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. The appeal by Town of Mount Kisco, Village of Mount Kisco, Board of Trustees of the Village/Town of Mount Kisco, Planning Board of the Village/Town of Mount Kisco, and Zoning Board of Appeals of the Village/Town of Mount Kisco, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By decision and order on motion of this Court, dated July 6, 2022, the cross appeal by Marsh Sanctuary, Inc., George Coppola, Ellen Molloy, Maryann Tarnok, Frank Paccetti, Barbara Paccetti, David Schwartz, and Mount Kisco Chase Home Owners Association, Inc., was deemed to be an appeal from the order. Motion by the appellants-respondents to extend the time to perfect their appeal. Motion by Town of Mount Kisco, Village of Mount Kisco, Board of Trustees of the Village/Town of Mount Kisco, Planning Board of the Village/Town of Mount Kisco, and Zoning Board of Appeals of the Village/Town of Mount Kisco, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of their appeal and to extend the time to perfect their appeal (see 22 NYCRR 1250.9[f][1][iv]).

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

ORDERED that the motion by the appellants-respondents is granted, and on or before January 3, 2023, 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 the motion by Town of Mount Kisco, Village of Mount Kisco, Board of Trustees of the Village/Town of Mount Kisco, Planning Board of the Village/Town of Mount Kisco, and Zoning Board of Appeals of the Village/Town of Mount Kisco is granted to the extent that the dismissal of the appeal by those parties pursuant to 22 NYCRR 1250.10(a) is vacated, the appeal by those parties from the order is deemed to be a cross appeal from the order, Town of Mount Kisco, Village of Mount Kisco, Board of Trustees of the Village/Town of Mount Kisco, Planning Board of the Village/Town of Mount Kisco, and Zoning Board of Appeals of the Village/Town of Mount Kisco shall serve and file their answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 1250.9[f][1][iv]), and that motion is otherwise denied.

CONNOLLY, J.P., MILLER, FORD and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court