Appellate Division: Second Judicial Department

M37165

E/sl

DAVID S. RITTER, J.P.

WILLIAM F. MASTRO

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-01675 In the Matter of Matthew G. Miller, petitioner- respondent, v Lakeland Fire District, et al., appellants, et al., respondent. (Index No. 30555-05)

DECISION & ORDER ON MOTION

Motion by the appellant Thomas Hughes on appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated February 15, 2006, inter alia, in effect, to confirm that an automatic stay of the order and judgment exists pursuant to CPLR 5519(a)(1) or, in the alternative, for a discretionary stay of enforcement of the order and judgment pursuant to CPLR 5519(c) pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to confirm that an automatic stay exists pursuant to CPLR 5519(a)(1) is granted with respect to so much of the order and judgment as directs the Board of Electors for the Lakeland Fire District to file with the Islip Town Clerk an amended certificate of inspectors of election; and it is further,

ORDERED that the branch of the motion which is, in effect, for a discretionary stay of enforcement of the order and judgment pursuant to CPLR 5519(c) is granted, and enforcement of the remaining portions of the order and judgment are stayed pursuant to CPLR 5519(c) pending hearing and determination of the appeals on condition that the appeals are perfected on or before April 13, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 13, 2006, the court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the petitioner-respondent shall serve and file his brief on or before April 27, 2006, and the petitioner-respondent's brief shall be filed on or before that date; and it is further,

ORDERED that the appellants shall serve and file their respective reply briefs, if any, on or before May 4, 2006, and the reply briefs shall be filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is granted and the appeals will be calendered when they are fully perfected; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., MASTRO, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court