Appellate Division: Second Judicial Department

M119231

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

Appeal by the plaintiffs from an order of the Supreme Court, Suffolk County, dated February 17, 2011. By decision and order on motion of this Court dated March 3, 2011, as clarified by decision and order on motion of this Court dated March 18, 2011, the appellants' motion 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 the appeal was granted on condition that the record or appendix on the appeal and the appellant's brief were filed and served pursuant to CPLR 2103(b)(1) or (3) on or before March 24, 2011. The appellants have not filed and served the record or appendix on the appeal and the appellant's brief.

On the Court's own motion, it is

ORDERED that the stay granted in the decision and order on motion of this Court dated March 3, 2011, as clarified by the decision and order on motion of this Court dated March 18, 2011, is vacated.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court