Matter of Long Island Power Authority v Board of Assessors and/or
Motion No: 2022-05954
Slip Opinion No: 2023 NY Slip Op 68237(U)
Decided on June 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M289400

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2022-05954, 2022-05955, 2022-06012

In the Matter of Long Island Power Authority, etc.,

petitioner-respondent, v Board of Assessors

and/or Assessor of the County of Nassau, etc.,

et al., respondents; Incorporated Village of Island

Park, et al., nonparty-appellants.

(Proceeding No. 1)

In the Matter of Long Island Lighting Company,

etc., petitioner-respondent, v Board of Assessors

and/or Assessor of the County of Nassau, etc.,

et al., respondents; Incorporated Village of Island

Park, et al., nonparty-appellants.

(Proceeding No. 2)

(Index Nos. 403754/2016, 403760/2016, 403222/201

403227/2017, 402338/2018, 402348/2018, 403044/2

403046/2019, 401265/20202, 401267/2020, 403757/

403225/2017, 402347/2018, 403045/2019, 403739/2

403226/2017, 402354/2018, 403047/2019, 401264/2

DECISION & ORDER ON MOTION















7,
019,
2016,
016,
020)

Appeals from three orders of the Supreme Court, Nassau County, all dated May 25, 2022. The appeals by Incorporated Village of Island Park were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Joint motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals by Incorporated Village of Island Park, to extend the time to perfect the appeals, and to consolidate the appeals.

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

ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals by Incorporated Village of Island Park is granted, and the dismissal of those appeals pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, and on or before July 7, 2023, the appellants shall and serve and file the joint record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellants' brief and upload digital copies of the joint record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals already have been consolidated.

BRATHWAITE NELSON, J.P., MALTESE, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court