Appellate Division: Second Judicial Department

M158293

E/sl

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2013-03921 Incorporated Village of Muttontown, respondent, v Bernard D. Ryba, et al., appellants. (Index No. 8193/12)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered February 25, 2013, for leave to reargue the respondent's prior motion pursuant to CPLR 5519(c) to vacate an automatic stay imposed pursuant to CPLR 5519(a)(1), which was determined by decision and order on motion of this Court dated April 24, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and, upon reargument, the decision and order on motion of this Court dated April 24, 2013, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent pursuant to CPLR 5519(c) to vacate an automatic stay imposed pursuant to CPLR 5519(a)(1), pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered February 25, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied on condition that the appellants perfect the appeal on or before July 22, 2013; and it is further,

ORDERED that if the appeal is not perfected by July 22, 2013, the Court, on its own motion, may vacate the automatic stay, or the respondent may move to vacate the automatic stay, on three days notice.

ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court