Appellate Division: Second Judicial Department

M73638

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-06006 In the Matter of Oyster Bay Associates Limited Partnership, et al., petitioners-respondents, v Town Board of Town of Oyster Bay, respondent-appellant; Birchwood Civic Association at Jericho, Inc., et al., intervenors-appellants. (Index No. 16830/01)

DECISION & ORDER ON MOTION

Motion by the petitioners-respondents on appeals from an order of the Supreme Court, Suffolk County, dated June 9, 2008, (1) to vacate so much of an automatic stay pursuant to CPLR 5519(a)(1) as pertains to enforcement of so much of the order as directs the Town Board of Town of Oyster Bay to process and review a certain revised site plan application, (2) to direct an expedited briefing schedule, and (3) and for a preference in the calendaring of the appeals. Cross motion by the respondent-appellant for a declaration that the order dated June 9, 2008, is appealable as of right or, alternatively, for leave to appeal from the order, and to stay enforcement of the order pursuant to CPLR 5519(c) pending hearing and determination of its appeal. Separate cross motion by the intervenors-appellants for a declaration that the order dated June 9, 2008, is appealable as of right or, alternatively, for leave to appeal from the order.

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

ORDERED that the branches of the cross motions which are for leave to appeal are granted, and the cross motions are otherwise denied; and it is further,

ORDERED that the branch of the motion which is to direct an expedited briefing schedule is granted and the appellants shall perfect their respective appeals by serving and filing a joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and their respective briefs on or before August 27, 2008, the respondents' brief, if any, must be served and filed on or before September 26, 2008, and the reply briefs, if any, must be served and filed on or before October 6, 2008; and it is further,

ORDERED that the branch of the motion which is for a preference is granted and the appeals shall be calendared after all briefs have been submitted; and it is further,

ORDERED that the branch of the motion which is to vacate stated portions of the automatic stay is denied on condition that the appeal by the Town Board of Town of Oyster Bay is perfected on or before August 27, 2008; in the event that the Town Board of Town of Oyster Bay fails to perfect its appeal on or before August 27, 2008, the petitioners-respondents may renew their motion to vacate the automatic stay on three days notice.

RIVERA, J.P., SKELOS, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court