Appellate Division: Second Judicial Department

M114564

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2011-00332 Nilsa Perez, et al., appellants, v Steve Levy, et al., respondents. (Index No. 45318-10)

DECISION & ORDER ON MOTION

Motion by Nilsa Perez, Kathleen Reeves, Jeanne Melnik, and Macherie Goady for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated January 10, 2011, and to stay, inter alia, the respondents from implementing or enforcing the 2011 operating budget adopted by the County of Suffolk to the extent that the budget approved or authorized the termination of nursing services at the John J. Foley Nursing Facility or the closing of that facility, pending hearing and determination 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 leave to appeal to this Court from the order dated January 10, 2011, is granted; and it is further,

ORDERED that the branch of the motion which is for a stay is granted to the extent that the respondents are stayed from closing the John J. Foley Nursing Facility or terminating nursing services at that facility, pending hearing and determination of the appeal or pending the final determination by the Supreme Court, Suffolk County, of the underlying order to show cause dated December 21, 2010, and that branch of the motion is otherwise denied.

ANGIOLILLO, J.P., BELEN, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court