| Incorporated Village of Sea Cliff v Larrea |
| Motion No: 2012-08137 |
| Slip Opinion No: 2012 NY Slip Op 85274(U) |
| Decided on September 25, 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
M143640
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-08137 Incorporated Village of Sea Cliff, respondent, v Mario Larrea, etc., et al., appellants, et al., defendants. (Appeal No. 1) (Index No. 15339/11
| DECISION & ORDER ON MOTION |
2012-08669
In the Matter of Sea Cliff Equities, LLC, et al.,
appellants, v Board of Zoning Appeals of
Village of Sea Cliff, respondent.
(Appeal No. 2)
(Index No. 10500/11)
Motion by the appellants on appeals from (1) an order of the Supreme Court, Nassau County, entered July 27, 2012 (Appeal No. 1) and (2) a judgment of the same court entered October 3, 2011 (Appeal No. 2), to stay enforcement of the order pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order entered July 27, 2012, is deemed to be a notice of appeal from a judgment of the same court entered August 13, 2012 (see CPLR 5512[a]); and it is further,
ORDERED that the motion is granted to the extent that enforcement of the judgment entered August 13, 2012, is stayed pending hearing and determination of the appeal therefrom on condition that the appellants (1) perfect both appeals on or before October 25, 2012, and (2) comply with the provisions of the temporary restraining order contained in the order to show cause of this Court dated September 4, 2012, and the motion is otherwise denied; and it is further,
ORDERED that if the appellants do not comply with the foregoing conditions, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that on the Court's own motion, the respondents shall serve and file their briefs on the respective appeals, if any, on or before November 26, 2012; and it is further,
ORDERED that on the Court's own motion, the appellants shall serve and file their reply briefs on the respective appeals, if any, on or before December 6, 2012.
DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court