| Matter of Highview Estates of Orange County, Inc. v Town B |
| Motion No: 2011-09582 |
| Slip Opinion No: 2011 NY Slip Op 88773(U) |
| Decided on November 2, 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
M128333
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
SHERI S. ROMAN, JJ.
|
2011-09582 In the Matter of Highview Estates of Orange County, Inc., petitioner-respondent, v Town Board of Town of Montgomery, respondent, Taylor Holdings Group, Ltd., appellant. (Proceeding No. 1) In the Matter of Highview Estates of Orange County, Inc., petitioner-respondent, v New York State Department of Environmental Conservation, respondent, Taylor Holdings Group, Ltd., appellant. (Proceeding No. 2) (Index Nos. 24/11, 3324/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Orange County, dated September 19, 2011, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the judgment dated September 19, 2011, is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 2, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 2, 2011, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., DICKERSON, ENG and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court