| Matter of Sunbeam House LLC v Town of Southampton Zoning Board of |
| Motion No: 2021-08507 |
| Slip Opinion No: 2023 NY Slip Op 62863(U) |
| Decided on March 3, 2023 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M287659
AFA/
VALERIE BRATHWAITE NELSON, J.P.
JOSEPH J. MALTESE
WILLIAM G. FORD
JANICE A. TAYLOR, JJ.
|
2021-08507 In the Matter of Sunbeam House, LLC, et al., appellants, v Town of Southampton Zoning Board of Appeals, et al., respondents. (Index No. 604137/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated September 27, 2021. Motion by the respondent to dismiss the appeal on the ground that it has been rendered academic. Cross motion by the appellants to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal on the ground that it has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the cross motion to extend the time to perfect the appeal is granted, and on or before April 3, 2023, 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., MALTESE, FORD and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court