Appellate Division: Second Judicial Department

M109786

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-09111 In the Matter of Richard Halpern, et al., respondents-appellants, v Board of Assessors and Assessment Review of County of Nassau, appellant-respondent. (Index No. 410228/10)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated August 25, 2010, inter alia, to dismiss the appeal on the ground that the appellant-respondent is not aggrieved and the order appealed from does not affect a substantial right of the appellant-respondent, to vacate an automatic stay which is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of the appeal and cross appeal, and for a preference in the calendaring of the appeal and cross appeal.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to Richard Halpern and Ellen Halpern raising the issue in their brief; and it is further,

ORDERED that the branch of the motion which is to vacate the automatic stay is denied on condition that the Board of Assessors and Assessment Review of County of Nassau perfect its appeal on or before December 6, 2010; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal and cross appeal is denied as unnecessary (see RPTL § 700[3]); and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court