Matter of MHC Greenwood Village NY, LLC v County of Su
Motion No: 2007-11588
Slip Opinion No: 2008 NYSlipOp 60927(U)
Decided on January 11, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M64783

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-11588

In the Matter of MHC Greenwood Village

NY, LLC, appellant, v County of Suffolk,

et al., respondents.

(Index No. 6688-07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to stay enforcement of Suffolk County Local Law 1-2007 pending hearing and determination of an appeal from a judgment of the Supreme Court, Suffolk County, entered December 5, 2007.

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

ORDERED that the motion is granted to the extent that enforcement of Suffolk County Local Law 1-2007 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 11, 2008, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 11, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

MASTRO, J.P., MILLER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court