| Matter of 24 Franklin Avenue R.E. Corp. v Town of Harrison |
| Motion No: 2009-08343 |
| Slip Opinion No: 2009 NY Slip Op 83893(U) |
| Decided on September 23, 2009 |
| 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
M92314
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2009-08343, 2008-09673 In the Matter of 24 Franklin Avenue R.E. Corp., et al., respondents, v Town of Harrison, et al., appellants.
(Index Nos. 09-4101, 07-24531)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders and judgments (one paper) of the Supreme Court, Westchester County, entered September 16, 2008, and August 11, 2009, in effect, to stay enforcement of so much of the order and judgment entered August 11, 2009, as directed the appellants to issue building permits to the respondents pending hearing and determination of the appeal from that order and judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary as an automatic stay is in effect (see Matter of Pokoik v Department of Health Svcs. Of County of Suffolk, 220 AD2d 13); and it is further,
ORDERED that on or before November 9, 2009, the appellants shall perfect the appeal from the order and judgment entered August 11, 2009 (Appellate Division Docket No. 2009-08343); and it is further,
ORDERED that on the court's own motion, the appeals will be calendared together and will be argued or submitted on the same day.
SKELOS, J.P., SANTUCCI, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court