| Seven Springs, LLC v Nature Conservancy |
| Motion No: 2011-05761 |
| Slip Opinion No: 2011 NY Slip Op 79115(U) |
| Decided on July 22, 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
M123016
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
SHERI S. ROMAN, JJ.
|
2011-05761 Seven Springs, LLC, respondent, v Nature Conservancy, appellant, et al., defendants. (Index No. 06-9130)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated May 27, 2011, to stay enforcement of the order and to enjoin the respondent from entering upon land owned by the appellant with any vehicle, equipment, or machinery, or performing any work upon land owned by the appellant, except that the appellant may conduct land surveys using hand-carried equipment, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, enforcement of the order is stayed, and the respondent is enjoined from entering upon land owned by the appellant with any vehicle, equipment, or machinery, or performing any work upon land owned by the appellant, except that the appellant may conduct land surveys using hand-carried equipment, pending hearing and determination of the appeal, on condition that (1) the appeal is perfected on or before August 22, 2011, and (2) the appellant post an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Westchester County, in a sum to be fixed by the Supreme Court, Westchester County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the injunction; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Westchester County, to fix the amount of the undertaking in accordance herewith; the appellant shall file the undertaking within 15 days after service upon it of a copy of the order of the Supreme Court, Westchester County, fixing the amount thereof; and it is further,
ORDERED that in the event that the appeal is not perfected or the undertaking is not posted in accordance with this order, the Court, on its own motion, may vacate the stay and the injuction, or the respondent may move to vacate the stay and the injuction, on three days notice.
RIVERA, J.P., FLORIO, DICKERSON and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court