Appellate Division: Second Judicial Department

M295789

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2023-06387 In the Matter of RC Recreation Development, LLC, appellant, v Town of Yorktown, NY, et al., respondents. (Index No. 69131/2022)

DECISION & ORDER ON MOTION

2023-06391

In the Matter of RC Recreation

Development, LLC, appellant,

v Town of Yorktown, NY, et al., respondents.

(Index No. 69131/2022)

Appeals from two orders of the Supreme Court, Westchester County, dated May 17, 2023, and June 15, 2023, respectively. Motion by the appellant to consolidate the appeals and to extend the time to perfect the appeal from the order dated May 17, 2023. Application by the appellant to extend the time to perfect the appeal from the order dated June 15, 2023.

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

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated May 17, 2023, and the application to extend the time to perfect the appeal from the order dated June 15, 2023, are granted, and on or before June 17, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court