Matter of 7 Columbus Avenue Corp. v Town of Hempstead
Motion No: 2011-00592
Slip Opinion No: 2011 NY Slip Op 63941(U)
Decided on February 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M114831

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2011-00592

In the Matter of 7 Columbus Avenue Corp.,

et al., appellants, v Town of Hempstead,

et al., respondents.

(Index No. 21337/10)

DECISION & ORDER ON MOTION

Motion by 7 Columbus Avenue Corp. and Christine Deangelis for leave to appeal to this Court from an order of the Supreme Court, Nassau County, entered December 15, 2010, and to stay all proceedings in the above-entitled proceeding pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that all proceedings in the above-entitled proceeding are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 14, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 14, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

MASTRO, J.P., BALKIN, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court