Appellate Division: Second Judicial Department

M74174

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-11733 In the Matter of Benson Point Realty Corporation, respondent, v Town of East Hampton, appellant. (Index No. 14908-05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to recall and vacate so much of a decision and order on motion of this court dated May 15, 2008, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated November 28, 2007, for leave to appeal to this court from the order dated November 28, 2007, and to confirm that an automatic stay is in effect.

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

ORDERED that the branches of the motion which are, in effect, to recall and vacate so much of a decision and order on motion of this court dated May 15, 2008, as dismissed the appeal from the order dated November 28, 2007, for leave to appeal to this court from the order dated May 15, 2008, and to confirm that an automatic stay is in effect are granted, and so much of the decision and order on motion of this court dated May 15, 2008, as dismissed the appeal is recalled and vacated, leave to appeal to this court is granted, and it is confirmed that an automatic stay is in effect (see CPLR 5519(a)(1); and it is further,

ORDERED that on the court's own motion, the appellant shall perfect the appeal on or before September 8, 2008; and it is further,

ORDERED that the motion is otherwise denied as academic.

FISHER, J.P., SANTUCCI, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court