| Matter of S & R Development Estates, LLC v Feiner |
| Motion No: 2012-01793 |
| Slip Opinion No: 2012 NY Slip Op 69322(U) |
| Decided on April 4, 2012 |
| 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
M135842
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2012-01793 In the Matter of S & R Development Estates, LLC, petitioner-respondent, v Paul J. Feiner, etc., et al., appellants, et al., respondent. (Index No. 09-1904)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from a judgment of the Supreme Court, Westchester County, entered January 11, 2012, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of the appeal, or, in the alternative, to stay the Planning Board of the Town of Greenburgh from reviewing the subject application for site plan approval pursuant to CPLR 5519(c), 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 branch of the motion which is to confirm that an automatic stay is in effect is denied as no automatic stay is in effect; and it is further,
ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay the Planning Board of the Town of Greenburgh from reviewing the subject application for site plan approval is denied.
RIVERA, J.P., DICKERSON, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court