| Djoganopoulos v Polkes |
| Motion No: 2011-05658 |
| Slip Opinion No: 2011 NY Slip Op 78007(U) |
| Decided on July 11, 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
M122920
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2011-05658 Nevin Djoganopoulos, et al., respondents, v Jonathan D. Polkes, et al., appellants. (Index No. 44406/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enjoin the respondents from seeking a permit to build, and from building, a "dune walkover" on the appellants' property, and to enjoin the Village of West Hampton Dunes from issuing the respondents a permit to build the "dune walkover," pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 11, 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 to the extent that the respondents are enjoined from building a "dune walkover" on the appellants' property pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 10, 2011, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 10, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
SKELOS, J.P., ENG, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court