Thiele v Town of Southampton Zoning Board of Appeals
Motion No: 2021-08980
Slip Opinion No: 2023 NY Slip Op 73603(U)
Decided on September 20, 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

M291152

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2021-08980

Fred W. Thiele, Jr., petitioner, Richard Amper,

etc., et al., appellants, v Town of Southampton

Zoning Board of Appeals, et al., respondents.

(Index No. 6685/2018)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated November 4, 2021. Motion by the respondents DLV Quogue Owner, LLC, DLV Quogue, LLC, DLV Parlato Parcel 1, LLC, DLV Parlato Parcel 2, LLC, DLV Parlato Parcel 3, LLC, DLV Parlato Parcel 4, LLC, DLV Parlato Parcel 5, LLC, and DLV Parlato Parcel 6, LLC, to dismiss the appeal, inter alia, on the ground that the appeal is barred by the doctrines of collateral estoppel and res judicata. Separate motion by the respondents DLV Quogue Owner, LLC, DLV Quogue, LLC, DLV Parlato Parcel 1, LLC, DLV Parlato Parcel 2, LLC, DLV Parlato Parcel 3, LLC, DLV Parlato Parcel 4, LLC, DLV Parlato Parcel 5, LLC, and DLV Parlato Parcel 6, LLC, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion to dismiss and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion to extend the time to serve and file a brief is granted, and on or before October 20, 2023, the respondents DLV Quogue Owner, LLC, DLV Quogue, LLC, DLV Parlato Parcel 1, LLC, DLV Parlato Parcel 2, LLC, DLV Parlato Parcel 3, LLC, DLV Parlato Parcel 4, LLC, DLV Parlato Parcel 5, LLC, and DLV Parlato Parcel 6, LLC, shall serve and file their respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their brief and upload a digital copy of their brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted.

CONNOLLY, J.P., MALTESE, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court