Matter of Liberty Industrial Finishing Site, 55 Motor Avenue,
Motion No: 2012-08448
Slip Opinion No: 2012 NY Slip Op 86734(U)
Decided on October 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M144610

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-08448

In the Matter of Liberty Industrial Finishing

Site, 55 Motor Avenue, Farmingdale.

Town of Oyster Bay, respondent; 55 Motor

Avenue Co., LLC, et al., appellants.

(Index No. 11488/03)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay all proceedings in the above-entitled matter as well as all proceedings in a related matter pending in the Supreme Court, Nassau County, under Index No. 11159/10, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered August 31, 2012.

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 all proceedings in the above-entitled matter as well as all proceedings in the related matter pending in the Supreme Court, Nassau County, under Index No. 11159/10, is granted, and all proceedings in those matters are stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court