| Matter of Zupa v Zoning Board of Appeals of Town of South |
| Motion No: 2008-02211 |
| Slip Opinion No: 2008 NYSlipOp 69201(U) |
| Decided on April 15, 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
M69040
E/sl
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2008-02211 In the Matter of Mary Zupa, respondent, v Zoning Board of Appeals of Town of Southold, et al., appellants. (Index No. 31345-07)
| DECISION & ORDER ON MOTION |
Motion by Mary S. Zupa to dismiss appeals from an order of the Supreme Court, Suffolk County, dated January 22, 2008, on the ground that the order is not appealable as of right, or to vacate any automatic stay which is in effect pursuant to CPLR 5519(a). Cross motion by the Zoning Board of Appeals of the Town of Southold for leave to appeal from the order dated January 22, 2008, in the event that leave to appeal is necessary.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals is denied as the order is appealable as of right (see CPLR 5701[a][1]); and it is further,
ORDERED that the branch of the motion which is to vacate any automatic stay which is in effect pursuant to CPLR 5519(a) is denied as unnecessary as no automatic stay exists (see Matter of Pokoik v Department of Health Services, 220 AD2d 13); and it is further,
ORDERED that the cross motion is denied as unnecessary.
RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court