Appellate Division: Second Judicial Department

M186934

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2014-05755, 2014-11038 In the Matter of 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 November 10, 2014, to stay enforcement of the order pending hearing and determination of the appeal, to direct the respondent 34 Cove, LLC, to refrain from all construction activities at the subject premises and restore the subject premises to "its prior condition," to hold the respondent 34 Cove, LLC, in contempt for failing to comply with a decision and order on motion of this Court dated July 3, 2014, and to impose a sanction upon the respondent 34 Cove, LLC. Separate motion by the appellant, inter alia, to consolidate the appeal from the order dated November 10, 2014, with an appeal from an order of the same court dated May 19, 2014, and to fix an undertaking, in connection with any stay that is granted.

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

ORDERED that the branch of the motion which is for leave to appeal from the order dated November 10, 2014, is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is to direct the respondent 34 Cove, LLC, to refrain from construction activities in connection with the subject tennis court and accessory structure, is denied as unnecessary in light of the decision and order on motion of this Court dated July 3, 2014, which granted that relief; and it is further,

ORDERED that the branch of the motion which is to fix an undertaking is granted to the extent that the matter is remitted to the Supreme Court, Suffolk County, to fix the amount of the undertaking in accordance with a decision and order on motion of this Court dated July 3, 2014, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that on the Court's own motion, on or before March 6, 2015, the appellant shall perfect the appeal from the order dated November 10, 2014.

MASTRO, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court