| Matter of Atlantic Real Estate Holdings, LLC v Board of App |
| Motion No: 2011-05039 |
| Slip Opinion No: 2011 NY Slip Op 77844(U) |
| Decided on July 7, 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
M122728
E/sl
RANDALL T. ENG, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-05039 In the Matter of Atlantic Real Estate Holdings, LLC, respondent, v Board of Appeals for Town of Hempstead, et al., appellants. (Index No. 19222/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to vacate the automatic stay in effect pursuant to CPLR 5519(a) pending hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, entered March 21, 2011, and/or for an expedited appeal, or, in the alternative, to dismiss the appeal on the ground that the order is not appealable as of right.
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 branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701[b]); and it is further,
ORDERED that the motion is otherwise denied as academic.
ENG, J.P., BELEN, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court