Appellate Division: Second Judicial Department

M301603

AFA/

BETSY BARROS, J.P.

DEBORAH A. DOWLING

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2024-01115, 2024-01116 In the Matter of Congregation Radin Development Inc., appellant, v Town of Ramapo, et al., respondents. (Index Nos. 33406/2020, 34450/2021, 30926/2021, 33211/20222, 33702/2023)

DECISION & ORDER ON MOTION

2024-01634

In the Matter of Congregation Radin

Development Inc., appellant-respondent,

v Town of Ramapo, et al., respondents-appellants.

Congregation Radin Development Inc.,

appellant-respondent, v Scott Shedler, etc.,

et al., respondents-appellants, et al., respondent.

(Index Nos. 33406/2020, 30926/2021,

34450/2021, 33211/2022)

2024-11044

In the Matter of Congregation Radin

Development Inc., appellant, v Town of Ramapo,

et al., respondents.

Congregation Radin Development Inc., appellant

v Scott Shedler, etc., et al., respondents.

(Index Nos. 33406/2020, 30926/2021,

34450/2021, 33211/2022, 33702/2023)

Appeals from four orders of the Supreme Court, Rockland County, dated December 21, 2023 (three orders), and September 27, 2024, respectively, and cross-appeal from the order dated December 21, 2023, under Appellate Division Docket No. 2024-01634. The appeals from the orders dated December 21, 2023, under Appellate Division Docket Nos. 2024-01115 and 2024-01116 were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Congregation Radin Development Inc., to consolidate the appeals and cross-appeal, and to extend the time to perfect the appeals from the orders dated December 21, 2023. Cross-motion by Town of Ramapo and Board of Assessment Review of the Town of Ramapo, inter alia, to dismiss the appeals from the orders dated December 21, 2023, as abandoned and on the ground that the right of direct appeal from the orders dated December 21, 2023, terminated upon entry in the above-entitled action of the order dated September 27, 2024.

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

ORDERED that the branch of the motion which is to consolidate the appeals under Appellate Division Docket Nos. 2024-01115 and 2024-01116 with the appeal and cross-appeal under Appellate Division Docket No. 2024-01634, and the appeal from the order dated September 27, 2024, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal and cross-appeal under Appellate Division Docket No. 2024-01634 with the appeal from the order dated September 27, 2024, is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals under Appellate Division Docket Nos. 2024-01115 and 2024-01116 is denied as academic; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal under Appellate Division Docket No. 2024-01634 is granted, and on or before June 13, 2025, Congregation Radin Development Inc. shall serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the cross-motion which is to dismiss the appeals under Appellate Division Docket Nos. 2024-01115 and 2024-01116 is denied as academic; and it is further,

ORDERED that the cross-motion is otherwise denied.

BARROS, J.P., DOWLING, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court