| Matter of Serota Brown Court II, LLC v Town of Hempstead |
| Motion No: 2008-02042 |
| Slip Opinion No: 2008 NYSlipOp 69474(U) |
| Decided on April 18, 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
M69262
E/sl
HOWARD MILLER, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2008-02042 In the Matter of Serota Brown Court II, LLC, et al., petitioners-respondents, v Town of Hempstead, et al., respondents-appellants; Town of Hempstead Building Department, nonparty-appellant. (Index No. 1540/07)
| DECISION & ORDER ON MOTION |
Motion by the petitioners-respondents to dismiss an appeal from a judgment of the Supreme Court, Nassau County, dated December 31, 2007, on the ground that the judgment is not appealable as of right and leave to appeal has not been granted (see CPLR 5701 [b][1]), or to direct the appellants to perfect the appeal within 30 days as a condition of continuing any automatic stay which may be in effect pursuant to CPLR 5519(a)(1).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied as the judgment is appealable as of right; and it is further,
ORDERED that the branch of the motion which is to direct the appellants to perfect the appeal within 30 days as a condition of continuing any automatic stay pursuant to CPLR 5519(a)(1) is denied as unnecessary as no automatic stay exists (see Matter of Pokoik v Department of Health Servs. of County of Suffolk, 220 AD2d 13).
MILLER, J.P., DILLON, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court