| Matter of Sleepy Hollow Country Club v Town/Village of Ossining |
| Motion No: 2021-01919 |
| Slip Opinion No: 2023 NY Slip Op 64716(U) |
| Decided on April 7, 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
M288317
AFA/
ANGELA G. IANNACCI, J.P.
LINDA CHRISTOPHER
WILLIAM G. FORD
JANICE A. TAYLOR, JJ.
|
2021-01919 In the Matter of Sleepy Hollow Country Club, etc., petitioner-respondent, v Town/Village of Ossining, et al., respondents-appellants; Briarcliff Manor Union Free School District, intervenor-appellant. (Proceeding No. 1) In the Matter of Sleepy Hollow Country Club, etc., petitioner-respondent, v Town of Mount Pleasant, et respondents-appellants; Tarrytown Union Free Schoo intervenor-appellant. (Proceeding No. 2) (Index Nos. 66855/2012, 65431/2013, 66118/2014, 66569/2015, 64361/2016, 65496/2017, 65852/2018, 66523/2019, 66874/2012, 65434/2013, 66303/2014, 66593/2015, 64411/2016, 65803/2017, 65996/2018 66544/2019)
| DECISION & ORDER ON MOTION al., l District, |
Appeal from a judgment of the Supreme Court, Westchester County, dated March 25, 2021. Motion by Town of Mount Pleasant and Tarrytown Union Free School District to extend the time to perfect their appeal or, in the alternative, in effect, to deem the notice of appeal to reflect that they are also appealing parties and to deem the record and brief filed on behalf of the respondents-appellants Town/Village of Ossining and Briarcliff Manor Union Free School District be filed on their behalf.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted to the extent that the notice of appeal is deemed to reflect that Town of Mount Pleasant and Tarrytown Union Free School District are also appealing parties (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), the caption is amended accordingly, and the record and brief filed on behalf of the respondents-appellants Town/Village of Ossining and Briarcliff Manor Union Free School District is deemed to be filed also on behalf of Town of Mount Pleasant and Tarrytown Union Free School District, and the motion is otherwise denied as unnecessary; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before May 8, 2023, the respondent shall serve and file the respondent's brief 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.
IANNACCI, J.P., CHRISTOPHER, FORD and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court