Appellate Division: Second Judicial Department

M288640

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2021-00781 In the Matter of Town of Southampton, appellant, v New York State Department of Environmental Conservation, et al., respondents. (Index No. 3931/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 7, 2020. Motion by the respondent New York State Department of Environmental Conservation to extend the time to serve and file a brief. Motion by the appellant to stay the appeal or, in the alternative, to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion by the respondent New York State Department of Environmental Conservation and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellant and the papers filed in relation thereto, it is

ORDERED that the motion by the respondent New York State Department of Environmental Conservation for leave to extend the time to serve and file a brief is granted, and on or before May 24, 2023, the respondent New York State Department of Environmental Conservation shall serve and file its 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; and it is further,

ORDERED that the motion by the appellant is granted to the extent that on or before June 8, 2023, the appellant 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 the appellant's motion is otherwise denied.

BARROS, J.P., MALTESE, WARHIT and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court