Opinion
Motion No. 2021-08980 Index No. 6685/2018
09-20-2023
Fred W. Thiele, Jr., petitioner v. Town of Southampton Zoning Board of Appeals, et al., respondents. Richard Amper, etc., et al., appellants,
Unpublished Opinion
MOTION DECISION
FRANCESCA E. CONNOLLY, J.P., JOSEPH J. MALTESE, DEBORAH A. DOWLING, CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated November 4, 2021. Motion by the respondents DLV Quogue Owner, LLC, DLV Quogue, LLC, DLV Parlato Parcel 1, LLC, DLV Parlato Parcel 2, LLC, DLV Parlato Parcel 3, LLC, DLV Parlato Parcel 4, LLC, DLV Parlato Parcel 5, LLC, and DLV Parlato Parcel 6, LLC, to dismiss the appeal, inter alia, on the ground that the appeal is barred by the doctrines of collateral estoppel and res judicata. Separate motion by the respondents DLV Quogue Owner, LLC, DLV Quogue, LLC, DLV Parlato Parcel 1, LLC, DLV Parlato Parcel 2, LLC, DLV Parlato Parcel 3, LLC, DLV Parlato Parcel 4, LLC, DLV Parlato Parcel 5, LLC, and DLV Parlato Parcel 6, LLC, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion to dismiss and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further, ORDERED that the motion to extend the time to serve and file a brief is granted, and on or before October 20, 2023, the respondents DLV Quogue Owner, LLC, DLV Quogue, LLC, DLV Parlato Parcel 1, LLC, DLV Parlato Parcel 2, LLC, DLV Parlato Parcel 3, LLC, DLV Parlato Parcel 4, LLC, DLV Parlato Parcel 5, LLC, and DLV Parlato Parcel 6, LLC, shall serve and file their respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their brief and upload a digital copy of their brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that no further extension of time shall be granted.
CONNOLLY, J.P., MALTESE, DOWLING and LANDICINO, JJ., concur.