Appellate Division: Second Judicial Department

M65059

E/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

HOWARD MILLER

DANIEL D. ANGIOLILLO, JJ.

2008-00086, 2008-00087 In the Matter of Verizon New York, Inc., appellant, v Denise Devita, etc., et al., respondents, Cablevision Systems Corporation, Inc., respondent-respondent. (Appeal No. 1) (Index No. 9870/07) In the Matter of Verizon New York, Inc., appellant, v Kate Murray, etc., respondent, Cablevision Systems Corporation, Inc., respondent-respondent. (Appeal No. 2) (Index No. 11288/07)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, both dated December 17, 2007, in effect, to stay the Village of Laurel Hollow and the Town of Hempstead from disclosing quarterly franchise reports containing their revenue and sales data, pending hearing and determination of the appeals, and to consolidate the appeals.

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 notices of appeal are deemed to be applications 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 it is further,

ORDERED that the Village of Laurel Hollow and the Town of Hempstead are stayed from disclosing quarterly franchise reports containing the appellant's revenue and sales data pending hearing and determination of the appeals on condition that the appeals are perfected on or before February 19, 2008; and it is further,

ORDERED that in the event the appeals are not perfected on or before February 19, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the parties shall serve and file 10 copies of the record or appendix on appeals and their briefs.

CRANE, J.P., RITTER, MILLER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court