Astor Rhinebeck Associates, LLC v Town of Rhinebeck
Motion No: 2010-09989
Slip Opinion No: 2010 NY Slip Op 87495(U)
Decided on November 9, 2010
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M110774

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2010-09989

Astor Rhinebeck Associates, LLC, respondent,

v Town of Rhinebeck, et al., appellants.

(Index No. 3147/10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated October 8, 2010.

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

ORDERED that the motion is granted and all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 9, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 9, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

DILLON, J.P., SANTUCCI, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court