| Duke v Town of Riverhead |
| Motion No: 2009-08777 |
| Slip Opinion No: 2009 NY Slip Op 91142(U) |
| Decided on December 14, 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
M95923
E/sl
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2009-08777 William Duke, et al., respondents, v Town of Riverhead, appellant, et al., defendant. (Index No. 11958-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant Town of Riverhead on appeals from a decision of the Supreme Court, Suffolk County, dated August 11, 2009, to stay the respondents from occupying (except as a member of the general public), further blocking, using (except as currently used), contracting to sell, selling, leasing, disposing of, modifying, or otherwise utilizing the subject 40 feet by 240 feet parcel of real property known as Fourth Street (west of Centre Street) in the hamlet of South Jamesport, and to stay the respondents from filing any records or documents alleging ownership of that real property to the exclusion of the public, pending hearing and determination of the appeals. Cross motion by the respondents to direct the appellants to perfect the appeals within 30 days.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the decision is deemed to be a premature notice of appeal from a judgment of the Supreme Court, Suffolk County, dated December 2, 2009 (see CPLR 5520[c]); and it is further,
ORDERED that the motion is granted, and the respondents are stayed from occupying (except as a member of the general public), further blocking, using (except as currently used), contracting to sell, selling, leasing, disposing of, modifying, or otherwise utilizing the subject 40 feet by 240 feet parcel of real property known as Fourth Street (west of Centre Street) in the hamlet of South Jamesport, and from filing any records or documents alleging ownership of that real property to the exclusion of the public, pending hearing and determination of the appeals from the judgment; and it is further,
ORDERED that the cross motion is granted, and the appellant shall perfect the appeals on or before January 15, 2009.
RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court