| Borrok v Town of Southampton |
| Motion No: 2014-05755 |
| Slip Opinion No: 2014 NY Slip Op 76990(U) |
| Decided on July 3, 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. |
Appellate Division: Second Judicial Department
M176698
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2014-05755 Andrew Borrok, appellant, v Town of Southampton, et al., respondents. (Index No. 8918/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated May 19, 2014, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this Court is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated May 19, 2014, is granted to the extent that construction of a tennis court and accessory structure at the subject premises, located at 34 Cove Avenue, Water Mill, New York, is stayed pending hearing and determination of the appeal on condition that the appellant (1) perfects the appeal on or before August 4, 2014, and (2) posts an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Suffolk County, in a sum to be fixed by the Supreme Court, Suffolk County, in terms that if the order appealed from, or any part of the order, is affirmed, the surety will indemnify the respondent 34 Cove, LLC, if it is ultimately determined that the respondent 34 Cove, LLC, sustained a loss due to the stay, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to fix the amount of the undertaking in accordance herewith; the appellant shall file the undertaking within 15 days after service upon it of a copy of the order of the Supreme Court, Suffolk County, fixing the amount thereof; and it is further,
ORDERED that in the event that the appellant fails to post the undertaking within 15 days after service upon him of a copy of the order of the Supreme Court, Richmond County, fixing the amount thereof or fails to perfect the appeal by August 4, 2014, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
MASTRO, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court