| Matter of Somers Land Trust v Town of Carmel Planning Board |
| Motion No: 2024-05675 |
| Slip Opinion No: 2025 NY Slip Op 70605(U) |
| Decided on June 9, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M305714
ID/
BETSY BARROS, J.P.
WILLIAM G. FORD
LOURDES M. VENTURA
DONNA-MARIE E. GOLIA, JJ.
|
2024-05675 In the Matter of Somers Land Trust, appellant, v Town of Carmel Planning Board, et al., respondents. (Index No. 50092/2023)
| DECISION & ORDER ON MOTION |
Appeal from an judgment of the Supreme Court, Putnam County, dated April 1, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Cross-motion by the respondents to dismiss the appeal on the ground that it has been rendered academic.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before July 9, 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 cross-motion by the respondents is denied.
BARROS, J.P., FORD, VENTURA and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court