Appellate Division: Second Judicial Department

M297449

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-04638, 2024-04546 In the Matter of Charles A. Falcao, et al., appellants, v Incorporated Village of Southampton Board of Architectural Review and Historic Preservation, respondent. (Index No. 613170/2022)

DECISION & ORDER ON MOTION

Appeals from a decision of the Supreme Court, Suffolk County dated March 29, 2023, and a judgment of the same court dated May 31, 2023. By order to show cause dated May 22, 2024, the parties to the appeals were directed to show cause before this Court why the appeal from the decision dated March 29, 2023, should or should not be dismissed on the ground that no appeal lies a from decision. Motion by the appellants, in effect, to consolidate the appeals, to deem the record and briefs filed in connection with the appeal from the decision also to be filed in connection with the appeal from the judgment, for leave to serve and file a supplemental record containing the judgment, and for a preference in the calendaring of the appeals.

Now, upon the order to show cause and the papers filed in response thereto, and 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 motion by the appellants is granted to the extent that the appeals are consolidated, the record and briefs filed in connection with the appeal from the decision are deemed also to be filed in connection with the appeal from the judgment, and on or before July 31, 2024, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2024-04546 in addition to Appellate Division Docket No. 2023-04638 on the covers, and the appellants shall serve and file, via NYSCEF, a replacement record which also contains the judgment and the notice of appeal from the judgment and Appellate Division Docket No. 2024-04546 in addition to Appellate Division Docket No. 2023-04638 on the cover, and the motion by the appellants is otherwise denied; and it is further,

ORDERED that the motion to dismiss the appeal from the decision is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court