| Matter of Blue Island Development, LLC v Town of Hemstea |
| Motion No: 2014-09818 |
| Slip Opinion No: 2014 NY Slip Op 92063(U) |
| Decided on December 8, 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
M183975
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2014-09818 In the Matter of Blue Island Development, LLC, et al., respondents-appellants, v Town of Hempstead, et al., appellants-respondents. (Index No. 3533/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants, inter alia, to vacate any automatic stay of proceedings in the above-entitled matter, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered August 11, 2014, and for a preference in the calendaring of the appeal and cross 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 to vacate the automatic stay of proceedings in the above-entitled matter pending hearing and determination of the appeal and cross appeal is denied on condition that the appellants-respondents perfect their appeal on or before January 7, 2015; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BALKIN, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court