6 Harbor Park Drive, LLC v Town of North Hempstead
Motion No: 2014-05162
Slip Opinion No: 2014 NY Slip Op 76381(U)
Decided on June 26, 2014
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

M176352

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2014-05162

6 Harbor Park Drive, LLC, respondent,

v Town of North Hempstead, et al., appellants.

(Index No. 11639/10)

DECISION & ORDER ON MOTION

Separate motions by the appellant Town of North Hempstead, the appellant Angeles Portela, and the appellants Manfred Demenus and Marita Demenus for leave to appeal to this Court from an order to show cause of the Supreme Court, Nassau County, dated May 2, 2014, and to stay enforcement of a temporary restraining order contained in the order to show cause, pending hearing and determination of the appeals. Separate motion by the appellant Incorporated Village of Flower Hill for leave to appeal to this Court from the order to show cause dated May 2, 2014, and, in effect, to stay enforcement of the temporary restraining order. Separate motion by the appellants Woo Chang and Sook Chang, inter alia, for leave to appeal to this Court from the order to show cause dated May 2, 2014, and, in effect, to stay enforcement of the temporary restraining order.

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

ORDERED that the branches of the motions which are for leave to appeal are granted; and it is further,

ORDERED that the branches of the motions which are to stay enforcement of the temporary restraining order contained in the order to show cause, or, in effect, to stay enforcement of the temporary restraining order are granted, and the temporary restraining order contained in the order to show cause of the Supreme Court, Nassau County, dated May 2, 2014, is stayed either pending hearing and determination of the appeals or determination by the Supreme Court, Nassau County, of the motion initiated by the order to show cause, whichever occurs first; and it is further,

ORDERED that the motion by the appellants Woo Chang and Sook Chang is otherwise denied.

RIVERA, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court