Appellate Division: Second Judicial Department

M57826

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-06537 In the Matter of Ronald Marchand, Jr., et al., petitioners-respondents, v New York State Department of Environmental Conservation, respondent, Incorporated Village of Bayville, appellant. (Index No. 13478/06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, including discovery and trial, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated June 5, 2007.

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

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including discovery and trial, is granted, and all proceedings in the above-entitled action, including discovery and trial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 4, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 4, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court