New York Telephone Company v Supervisor of Town of
Motion No: 2012-05126
Slip Opinion No: 2013 NY Slip Op 86713(U)
Decided on September 30, 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

M162863

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2012-05126, 2012-07976

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Index No. 12177/98)

DECISION & ORDER ON MOTION

2012-05136

Verizon New York, Inc., formerly known as

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Index No. 6858/02)

2012-05137

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Index No. 11522/99)

2012-05138

Verizon New York, Inc., formerly known as

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Index No. 6578/01)

2012-05139

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Index No. 6794/00)

2012-09825, 2013-01767

New York Telephone Company, plaintiff-

appellant, v Supervisor of Town of Hempstead,

et al., defendants third-party plaintiffs-respondents,

et al., defendants; County of Nassau, et al.,

third-party defendants-appellants.

(Index No. 12177/98)

2012-09833, 2013-01777

New York Telephone Company, plaintiff-

appellant, v Supervisor of Town of Hempstead,

et al., defendants third-party plaintiffs-respondents,

et al., defendants; County of Nassau, et al.,

third-party defendants-appellants.

(Index No. 6578/01)

2012-09840, 2013-01788

New York Telephone Company, plaintiff-

appellant, v Supervisor of Town of Hempstead,

et al., defendants third-party plaintiffs-respondents,

et al., defendants; County of Nassau, et al.,

third-party defendants-appellants.

(Index No. 6794/00)

2012-09844, 2013-01782

Verizon New York, Inc., formerly known as

New York Telephone Company, plaintiff-appellant,

v Supervisor of Town of Hempstead, et al., defendants

third-party plaintiffs-respondents, et al., defendants;

County of Nassau, et al., third-party defendants-

appellants.

(Index No. 6858/02)

2012-09857, 2013-01784

New York Telephone Company, plaintiff-appellant,

v Supervisor of Town of Hempstead, et al., defendants

third-party plaintiffs-respondents, et al., defendants;

County of Nassau, et al., third-party defendants-

appellants.

(Index No. 11522/99)

Motion by the plaintiffs for leave to renew and reargue that branch of their prior cross motion which was to vacate any automatic stay in effect pursuant to CPLR 5519 (a)(1) on appeals from a judgment of the Supreme Court, Nassau County, dated March 23, 2012, four judgments of the same court all entered March 27, 2012, an amended judgment of the same court entered June 4, 2012, four orders of the same court all entered July 26, 2012, and an amended order of the same court entered July 26, 2012, which was determined by decision and order on motion of this Court dated April 2, 2013, and, in effect, to vacate any automatic stay in effect pursuant to CPLR 5519 (a)(1) on appeals from five orders of the same court all entered December 3, 2012.

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

ORDERED that the motion is denied.

RIVERA, J.P., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court