| Matter of Carnelian Farms, LLC v Leventhal |
| Motion No: 2015-03789 |
| Slip Opinion No: 2015 NY Slip Op 77844(U) |
| Decided on June 30, 2015 |
| 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
M194493
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2015-03789 In the Matter of Carnelian Farms, LLC, et al., petitioners-respondents, v Paul Leventhal, etc., et al., appellants, Village of Muttontown Building Department, et al., respondents. (Index No. 8643/14)
| DECISION & ORDER ON MOTION |
Joint motion by (1) Paul Leventhal, Lester Borenstein, Robert Detullio, Richard Greenfield, Gerald Lauber, Charles Peck, Caroline Rupp, and Village of Muttontown Zoning Board of Appeals, and (2) Village of Muttontown Building Department, Robert Ikes, Roberta Censi, Julianne Wesley, and Incorporated Village of Muttontown for leave to appeal to this Court from an order of the Supreme Court, Nassau County, entered April 7, 2015. Separate motion by Carnelian Farms, LLC, and Hunter's Moon Farm, LLC, to vacate any automatic stay in effect pursuant to CPLR 5519(a)(1), or, in the alternative, for an expedited briefing schedule, or, in the alternative, to direct Paul Leventhal, Lester Borenstein, Robert Detullio, Richard Greenfield, Gerald Lauber, Charles Peck, Caroline Rupp, and Village of Muttontown Zoning Board of Appeals, Village of Muttontown Building Department, Robert Ikes, Roberta Censi, Julianne Wesley, and Incorporated Village of Muttontown to post an undertaking in the sum of $1 million.
Upon the papers filed in support of the joint motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by Carnelian Farms, LLC, and Hunter's Moon Farm, LLC, and the papers filed in opposition thereto, it is
ORDERED that the joint motion is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the time of Village of Muttontown Building Department, Robert Ikes, Roberta Censi, Julianne Wesley, and Incorporated Village of Muttontown to serve and file a notice of appeal is extended, and the notice of appeal shall be served and filed in accordance with CPLR 5514(a); and it is further,
ORDERED that the branch of the motion of Carnelian Farms, LLC, and Hunter's Moon Farm, LLC, which is to vacate any automatic stay in effect pursuant to CPLR 5519(a)(1) is denied on condition that the appeal by Paul Leventhal, Lester Borenstein, Robert Detullio, Richard Greenfield, Gerald Lauber, Charles Peck, Caroline Rupp, and Village of Muttontown Zoning Board of Appeals, and any appeal by Village of Muttontown Building Department, Robert Ikes, Roberta Censi, Julianne Wesley, and Incorporated Village of Muttontown, in the event they file a notice of appeal, are perfected on or before September 29, 2015; and it is further,
ORDERED that the motion of Carnelian Farms, LLC, and Hunter's Moon Farm, LLC, is otherwise denied.
ENG, P.J., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court