| Matter of Nordmann-Moroney v Board of Appeals of Village |
| Motion No: 2007-11362 |
| Slip Opinion No: 2008 NYSlipOp 60988(U) |
| Decided on January 14, 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. |
Appellate Division: Second Judicial Department
M64841
E/sl
ROBERT A. SPOLZINO, J.P.
HOWARD MILLER
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-11362 In the Matter of Margaret Nordmann-Moroney, et al., petitioners-respondents, v Board of Appeals of Village of Westbury, et al., respondents-respondents; Tomasina Mastroianni, nonparty-appellant. (Index No. 11065/07)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered November 29, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal is deemed to be an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the motion is granted, and all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 13, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 13, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
SPOLZINO, J.P., MILLER, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court