| McWhinney v Van Houten Farm Market Benefit Trust |
| Motion No: 2023-01017 |
| Slip Opinion No: 2023 NY Slip Op 73833(U) |
| Decided on September 22, 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
M291183
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
WILLIAM G. FORD
LOURDES M. VENTURA, JJ.
|
2023-01017 Susan McWhinney, et al., plaintiffs-respondents, v Rockland Cider Works, LLC, et al., appellants, Town of Orangetown, et al.,defendants-respondents, et al., defendants. (Index No. 32665/2022)
| DECISION & ORDER ON MOTION |
2023-03041
Susan McWhinney, et al., plaintiffs-respondents,
v Rockland Cider Works, LLC, et al., appellants,
Town of Orangetown, et al.,defendants-respondents,
et al., defendants.
(Index No. 32665/2022)
Appeals from two orders of the Supreme Court, Rockland County, dated January 13, 2023, and March 6, 2023, respectively. Motion by the appellants, inter alia, to stay enforcement of so much of the order dated January 13, 2023, as granted a preliminary injunction and to consolidate the appeals. Application by the appellants to extend the time to perfect the appeal from the order dated January 13, 2023.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]), and the motion is otherwise denied; and it is further,
ORDERED that the application to extend the time to perfect the appeal from the order dated January 13, 2023, is granted, and on or before October 23, 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.
DILLON, J.P., CHAMBERS, FORD and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court