Opinion
Motion No. 2022-08572 Index No. 59296/2021
09-29-2023
In the Matter of Marsh Sanctuary, Inc., et al., petitioners-respondents, v. Town of Mount Kisco, et al., respondents-respondents, Douglas Hertz, appellant.
Unpublished Opinion
MOTION DECISION
M291323 AFA/
BETSY BARROS, J.P. FRANCESCA E. CONNOLLY ROBERT J. MILLER PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION
Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated September 30, 2022. Motion by the appellant to stay enforcement of so much of the order and judgment as directed the respondents Town of Mount Kisco and Village of Mount Kisco to provide the petitioners with certain material, pending hearing and determination of the appeal. Separate motion by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to stay enforcement of so much of the order and judgment as directed the respondents Town of Mount Kisco and Village of Mount Kisco to provide the petitioners with certain material is granted, and enforcement of so much of the order and judgment as directed the respondents Town of Mount Kisco and Village of Mount Kisco to provide the petitioners with certain material is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before October 30, 2023; and it is further, ORDERED that in the event the appeal is not perfected on or before October 30, 2023, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further, ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before October 30, 2023, 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 no further extension of time shall be granted.
BARROS, J.P., CONNOLLY, MILLER and WOOTEN, JJ., concur.