Appellate Division: Second Judicial Department

M59272

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-06537, 2007-07321 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 on appeals from two orders of the Supreme Court, Nassau County, dated June 5, 2007, and July 26, 2007, in effect, to stay all proceedings in the above-entitled action, including discovery and trial, pending hearing and determination of the appeal from the order dated July 26, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the appeal from the order dated June 5, 2007 (Appellate Division Docket No. 2007-06537), is dismissed, without costs or disbursements, on the ground that the order was superseded by the order dated July 26, 2007 (Appellate Division Docket No. 2007-07321); and it is further,

ORDERED that the motion is granted, and all proceedings in the above-entitled action, including discovery and trial, are stayed pending hearing and determination of the appeal from the order dated July 26, 2007, on condition that the appeal is perfected on or before October 9, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 9, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court