| Matter of Ogden Land Development, LLC v Zoning Board of |
| Motion No: 2013-04652 |
| Slip Opinion No: 2013 NY Slip Op 73586(U) |
| Decided on May 13, 2013 |
| 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
M156251
E/sl
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
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2013-04652 In the Matter of Ogden Land Development, LLC, respondent, v Zoning Board of Appeals of Village of Scarsdale, et al., appellants. (Index No. 12-4646)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of an appeal from a judgment of the Supreme Court, Westchester County, entered April 5, 2013, and for a preference in the calendaring 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 vacate any automatic stay which is in effect, is denied as unnecessary as no automatic stay is in effect (see Matter of Pokoik v Department of Health Servs. of County of Suffolk, 220 AD2d 13); and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., HALL, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court