LILLY PAD, LLC, ap, v. ZONING BOARD OF APPEALS OF VILLAGE OF EAST HAMPTON res

MATTER OF LILLY PAD, LLC, ap, v. ZONING BOARD OF APPEALS OF VILLAGE OF EAST HAMPTON res — (INDEX NO. 33605/12)In a proceeding pursuant to CPLR article 78 to review two determinations of the Zoning Board of Appeals of the Village of East Hampton dated September 28, 2012, and October 12, 2012, respectively, which, after a hearing, granted the application of Sheri Kersch-Schultz Residence Trust No. 1 and Howard D. Schultz Residence Trust No. 1 to construct an addition to a residence on certain real property, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Leis III, J.), dated July 2, 2013, which granted that branch of the motion of Sheri Kersch-Schultz Residence Trust No. 1 and Howard D. Schultz Residence Trust No. 1, and that branch of the cross motion of the Zoning Board of Appeals of the Village of East Hampton, which were to dismiss the petition pursuant to CPLR 3211(a) and CPLR 7804(f) on the ground of collateral estoppel and, in effect, dismissed the proceeding.

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MATTER OF LILLY PAD, LLC, ap, v. ZONING BOARD OF APPEALS OF VILLAGE OF EAST HAMPTON res — (INDEX NO. 33605/12)In a proceeding pursuant to CPLR article 78 to review two determinations of the Zoning Board of Appeals of the Village of East Hampton dated September 28, 2012, and October 12, 2012, respectively, which, after a hearing, granted the application of Sheri Kersch-Schultz Residence Trust No. 1 and Howard D. Schultz Residence Trust No. 1 to construct an addition to a residence on certain real property, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Leis III, J.), dated July 2, 2013, which granted that branch of the motion of Sheri Kersch-Schultz Residence Trust No. 1 and Howard D. Schultz Residence Trust No. 1, and that branch of the cross motion of the Zoning Board of Appeals of the Village of East Hampton, which were to dismiss the petition pursuant to CPLR 3211(a) and CPLR 7804(f) on the ground of collateral estoppel and, in effect, dismissed the proceeding.

Motion by Sheri Kersch-Schultz Residence Trust No. 1 and Howard D. Schultz Residence Trust No. 1, inter alia, to dismiss the appeal on the ground that the appeal has been rendered academic or based on the doctrine of laches. By decision and order on motion of this Court dated January 14, 2015, that branch of the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

LILLY PAD, LLC, ap, v. ZONING BOARD OF APPEALS OF VILLAGE OF EAST HAMPTON res

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