| Matter of Costco Wholesale Corporation v Town Board of T |
| Motion No: 2010-10649 |
| Slip Opinion No: 2011 NY Slip Op 61625(U) |
| Decided on January 18, 2011 |
| 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
M114204
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2010-10649 In the Matter of Costco Wholesale Corporation, et al., respondents, v Town Board of Town of Oyster Bay, et al., appellants. (Index No. 15656/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents pursuant to CPLR 5519(c) to vacate an automatic stay in effect pursuant to CPLR 5519(a) pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 14, 2010, or, in the alternative, for an expedited briefing schedule and for a preference in the calendaring of the 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 for an expedited briefing schedule is granted, and the appellants shall perfect the appeal on or before March 21, 2011; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court