Opinion
Motion No: 2011-03688 Index No. 10-7377 M129452
12-14-2011
In the Matter of Greens at Washingtonville, Ltd., appellant, v. Town of Blooming Grove, respondent.
DECISION & ORDER ON MOTION
WILLIAM F. MASTRO, A.P.J.
L. PRISCILLA HALL
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
Motion by the respondent, in effect, to dismiss an appeal from an order of the Supreme Court, Orange County, dated February 4, 2011, on the ground that it has been rendered academic, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 13, 2012, and the respondent's brief must be served and filed on or before that date.
MASTRO, A.P.J., HALL, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court