Appellate Division: Second Judicial Department

M52416

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2007-02526 In the Matter of East End Property Company #1, LLC, et al., petitioners-respondents, v Town Board of Town of Brookhaven, et al., appellants, et al., respondent. (Index No. 23201-06)

DECISION & ORDER ON MOTION

Separate motions by the Town Board of the Town of Brookhaven and the Town of Brookhaven, and Caithness Long Island, LLC, inter alia, for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated March 14, 2007, and to stay enforcement of the temporary restraining order contained in the order dated March 14, 2007, pending hearing and determination of the appeal. Cross motion by the petitioner to vacate any automatic stay which may be in effect pursuant to CPLR 5519(a)(1).

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

ORDERED that the branches of the motions which are for leave to appeal are granted; and it is further,

ORDERED that the branches of the motions which are to stay enforcement of the temporary restraining order contained in the order dated March 14, 2007, are granted, and enforcement of the temporary restraining order is stayed pending hearing and determination of the appeal or pending determination by the Supreme Court, Suffolk County, of the underlying motion for a preliminary injunction; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that the cross motion is denied as academic.

MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court