Appellate Division: Second Judicial Department

M304428

AFA/

VALERIE BRATHWAITE NELSON, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2023-08384 In the Matter of Deborah Kopald, appellant, v Village of Highland Falls, etc., et al., respondents. (Index No. 7032/2022)

DECISION & ORDER ON MOTION

2023-08681, 2023-08682

In the Matter of Deborah Kopald, appellant,

v Village of Highland Falls, etc., et al.,

respondents.

(Index No. 7032/2022)

2023-10035

Deborah Kopald, appellant, v Village of

Highland Falls New York, respondent.

(Index No. 1372/2023)

Appeals from an order and judgment (one paper) dated August 31, 2023, of the Supreme Court, Orange County, and three orders of the same court dated August 23, 2023, and August 31, 2023 (two orders), respectively. Motion by the appellant, inter alia, to stay enforcement of so much of the order and judgment as permits the respondents to construct certain cell towers, pending hearing and determination of that appeal, and, in effect, to mark confidential two exhibits to the motion. Separate motion by the appellant, inter alia, for leave to appeal to this Court from the order dated August 23, 2023, and the order dated August 31, 2023, under Appellate Division Docket No. 2023-08682, and to stay enforcement of the order dated August 23, 2023, pending hearing and determination of those appeals. Separate motion by the appellant to consolidate the appeal from the order and judgment with the appeal from the order dated August 31, 2023, under Appellate Division Docket No. 2023-10035. Separate motion by the appellant to extend the time to perfect the appeal from the order and judgment. Separate motion by the appellant to extend the time to perfect the appeal from the order dated August 31, 2023, under Appellate Division Docket No. 2023-10035.

Upon the papers filed in support of the motion, inter alia, to stay enforcement of so much of the order and judgment as permits the respondents to construct certain cell towers and, in effect, to mark confidential two exhibits to the motion, the motion, inter alia, for leave to appeal to this Court from the order dated August 23, 2023, and the order dated August 31, 2023, under Appellate Division Docket No. 2023-08682, and to stay enforcement of the order dated August 23, 2023, and the motion to extend the time to perfect the appeal from the order and judgment, and the papers filed in opposition thereto, and upon the papers filed in support of the motion to consolidate and the motion to extend the time to perfect the appeal from order dated August 31, 2023, under Appellate Division Docket No. 2023-10035, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to mark confidential two exhibits to the motion is granted to the extent that exhibits 2 and 3 to that motion are marked confidential and may not be viewed by the public, but may be viewed by the parties to the appeals, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material; and it is further,

ORDERED that the branch of the motion which is for leave to this Court from the order dated August 23, 2023, and the order dated August 31, 2023, under Appellate Division Docket No. 2023-08682, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion to consolidate the appeal from the order and judgment with the appeal from the order dated August 31, 2023, under Appellate Division Docket No. 2023-10035 is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the motions to extend the time to perfect the appeals from the order and judgment and the order dated August 31, 2023, under Appellate Division Docket No. 2023-10035 are granted, and on or before June 17, 2025, the appellant shall serve and file the records or appendices and the appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellant's briefs and upload digital copies of the records or appendices and the appellant's briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on the Court's own motion, the time for the appellant to perfect the appeals from the order dated August 23, 2023, and the order dated August 31, 2023, under Appellate Division Docket No. 2023-08682 is extended, and on or before June 17, 2025, 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; and it is further,

ORDERED that the motions are otherwise denied.

BRATHWAITE NELSON, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court