Appellate Division: Second Judicial Department

M85490

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REINALDO E. RIVERA, J.P.

MARK C. DILLON

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-02336 In the Matter of Amy Yee, appellant, v Town of Orangetown, respondent. (Proceeding No. 1) In the Matter of Kenneth Kolwicz, appellant, v Town of Clarkstown, respondent. (Proceeding No. 2) In the Matter of Esther Braun, appellant, v Town of Ramapo, respondent. (Proceeding No. 3) (Index No. 12730/08)

DECISION & ORDER ON MOTION

Motion by the appellants to stay certain SCAR proceedings pending hearing and determination of an appeal from a judgment of the Supreme Court, Rockland County, dated February 24, 2009, and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is to stay certain SCAR proceedings is granted, and any of the 2008 SCAR proceedings Nos. 181 through 190, 238 through 249, 255 through 263, 270 through 285, 291 through 296, 302, 303, and 150 in which inspections have been requested are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 20, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 20, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied; and it is further,

ORDERED that the respondents shall serve and file their brief(s), if any, on or before June 19, 2009; and it is further,

ORDERED that the appellants shall serve and file a reply brief, if any, on or before July 6, 2009.

RIVERA, J.P., DILLON, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court