Appellate Division: Second Judicial Department

M116431

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2011-01674 Nilsa Perez, et al., appellants, v Steve Levy, etc., et al., respondents. (Index No. 45318/10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the respondents from taking any further action to close the John J. Foley Nursing Facility or to terminate nursing services at that facility, including implementation of a New York State Department of Health Approval of Course Plan dated January 21, 2011, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated February 17, 2011.

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

ORDERED that the motion is granted, and the respondents are stayed from taking any further action to close the John J. Foley Nursing Facility or to terminate nursing services at that facility, including implementation of a New York State Department of Health Approval of Course Plan dated January 21, 2011, pending hearing and determination of the appeal on condition that the record or appendix on the appeal and the appellant's brief are filed and served pursuant to CPLR 2103(b)(1) or (3) on or before March 24, 2011; and it is further,

ORDERED that in the event the appellants do not comply with the foregoing provision regarding filing and service of the record or appendix on the appeal and the appellant's brief, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondents' brief, if any, shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before April 14, 2011; and it is further,

ORDERED that the appellants' reply brief, if any, shall be filed and served on or before April 21, 2011.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court