Appellate Division: Second Judicial Department

M292316

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2023-01974 In the Matter of Richard Amper, et al., appellants-respondents, v Town of Southampton Planning Board, et al., respondents, DLV Quogue Owner, LLC, et al., respondents-appellants. (Index No. 600583/2023)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated February 22, 2023. Motion by the respondents-appellants, inter alia, for leave to serve and file a supplemental record containing certain material and to extend the time to serve and file an answering brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the cross-appeal is dismissed, without costs or disbursements, on the ground that the respondents-appellants are not aggrieved by the order (see CPLR 5511), and on or before January 29, 2024, the appellants-respondents shall serve and file, via NYSCEF, replacement digital copies of the record and appellants' brief with corrected covers that contain a caption denominating the appellants-respondents as appellants and the respondents-appellants as respondents and that designate the record as a record and not as a joint record and the brief as the appellants' brief and not the appellants-respondents' brief; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted, and on or before January 29, 2024, 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, via NYSCEF, a supplemental record containing Supreme Court NYSCEF Document Nos. 9 and 45 and the verified petition filed in the proceeding entitled Matter of Thiele v Town of Southampton Planning Board, under Index No. 6209/2019; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file an answering brief is granted to the extent that, on or before January 29, 2024, 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, via NYSCEF, their respondents' brief, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Darrell M. Joseph

Acting Clerk of the Court