Matter of Malone v Zoning Board of Appeals of Incorporated
Motion No: 2007-10308
Slip Opinion No: 2008 NYSlipOp 64262(U)
Decided on February 21, 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

M66592

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-10308

In the Matter of Georgia Malone, respondent,

v Zoning Board of Appeals of Incorporated

Village of Westhampton Beach, appellant.

(Index No. 16316-06)

DECISION & ORDER ON MOTION

Motion by the respondent to vacate any automatic stay which may be in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of an appeal from a judgment of the Supreme Court, Suffolk County, dated September 19, 2007, or to direct the appellant to perfect its appeal no later than March 15, 2008.

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

ORDERED that the motion is denied.

RIVERA, J.P., RITTER, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court