| Matter of De Blasio v State University of New York |
| Motion No: 2013-09471 |
| Slip Opinion No: 2013 NY Slip Op 90078(U) |
| Decided on October 31, 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
M164650
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2013-09471 In the Matter of Bill De Blasio, et al., petitioners, Boerum Hill Association Brooklyn Heights Association, et al., petitioners-respondents, v State University of New York, et al., appellants. (Index No. 13007/13)
| DECISION & ORDER ON MOTION |
Motion by the appellants New York State Department of Health and Nirav R. Shah to stay enforcement of an order of the Supreme Court, Kings County, dated October 11, 2013, pending hearing and determination of an appeal therefrom. Cross motion by the petitioners-respondents, inter alia, pursuant to CPLR 5519(c) to vacate any automatic stay in effect pursuant to CPLR 5519(a).
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal, leave to appeal is granted (see CPLR 5701[b][1]), and the appellants shall perfect the appeal on or before December 2, 2013; and it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is denied as unnecessary as no automatic stay is in effect (see State of New York v Town of Haverstraw, 219 AD2d 64).
SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court