Matter of Riverhead Neighborhood Preservation Coalition, In
Motion No: 2012-05112
Slip Opinion No: 2013 NY Slip Op 86653(U)
Decided on September 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M162926

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-05112

In the Matter of Riverhead Neighborhood

Preservation Coalition, Inc., et al., appellants,

v Town of Riverhead Town Board, et al.,

respondents.

(Index No. 38383-11)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, in effect, to stay the Town of Riverhead Building Department from issuing land clearing, excavation, and building permits for the subject premises, identified by Suffolk County Tax Map No. 600-075.2-4:13.2: 11.2, and 12.1, pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated April 23, 2012.

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

ORDERED that the branch of the motion which is to stay the Town of Riverhead Building Department from issuing land clearing, excavation, and building permits for the subject premises, identified by Suffolk County Tax Map No. 600-075.2-4:13.2: 11.2, and 12.1, is granted and the Town of Riverhead Building Department is stayed from issuing land clearing, excavation, and building permits for the subject premises, identified by Suffolk County Tax Map No. 600-075.2-4:13.2: 11.2, and 12.1, pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court