Appellate Division: Second Judicial Department

M165241

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-09387, 2013-09389, 2013-09390, 2013-09392, 2013-10192 In the Matter of Long Island College Hospital, appellant. State University of New York, intervenor- appellant; Bill De Blasio, et al., respondents- respondents. (Index No. 9188/11)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 31, 2013, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by State University of New York, joined by Long Island College Hospital, for leave to appeal to this Court from five orders of the Supreme Court, Kings County, dated August 20, 2013, August 23, 2013, August 28, 2013, September 4, 2013, and October 1, 2013, respectively, and to stay all proceedings in the above-entitled matter pending hearing and determination of the appeals.

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 it is further,

ORDERED that all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before December 2, 2013; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 2, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents-respondents may move to vacate the stay, on three days notice.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court