Appellate Division: Second Judicial Department

M172320

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2014-01227, 2014-01283 In the Matter of North Oyster Bay Baymen Association, et al., respondents-appellants, v Town of Oyster Bay, et al., respondents, Frank M. Flower & Sons, Inc., appellant- respondent. (Index No. 9210/11)

DECISION & ORDER ON MOTION 's

Motion by the appellant-respondent on appeals and cross appeals from a judgment of the Supreme Court, Nassau County, dated October 31, 2013, and an order of the same court dated July 2, 2013, to stay enforcement of the judgment, including the provision of the judgment vacating the subject leases, pending hearing and determination of the appeals and cross appeals.

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

ORDERED that the motion is granted, and enforcement of the judgment, including the provision of the judgment vacating the subject leases, is stayed pending hearing and determination of the appeals and cross appeals on condition that the appellant-respondent (1) perfect its appeals on or before May 5, 2014, and (2) post an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Nassau County, in a sum to be fixed by the Supreme Court, Nassau County, in terms that if the judgment appealed from, including the provision of the judgment vacating the subject leases, or any part of the judgment or subject provision, is affirmed, the surety will indemnify the respondents-appellants if it is ultimately determined that the respondents-appellants sustained a loss due to the stay; and it is further,

ORDERED that the matter is remitted to the Supreme Court, Nassau County, to fix the amount of the undertaking in accordance herewith; the appellant-respondent shall file the undertaking within 15 days after service upon it of a copy of the order of the Supreme Court, Nassau County, fixing the amount thereof; and it is further,

ORDERED that in the event that the appeals are not perfected or the undertaking is not posted in accordance with this decision and order on motion, the Court, on its own motion, may vacate the stay or the respondents-appellants may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the Court's own motion, the respondents-appellants must serve and file their answering brief, including their points of argument on the cross appeals, on or before June 4, 2014 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that on the Court's own motion, the appellant-respondent must serve and file its reply brief, if any, and the respondents must serve and file their briefs, if any, on or before July 7, 2014; and it is further,

ORDERED that on the Court's own motion, the respondents-appellants must serve and file their reply brief, if any, on or before July 22, 2014.

DILLON, J.P., BALKIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court