Appellate Division: Second Judicial Department

M195628

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-03777 Dish Realty, LLC, appellant, v Planning Board of Town of Huntington, respondent. (Action No. 1) (Index No. 36857/11)

DECISION & ORDER ON MOTION

2015-04777

Dish Realty, LLC, respondent-appellant,

v Town of Huntington, appellant-respondent,

et al., defendant.

(Action No. 2)

(Index No. 9966/04)

Motion by the Town of Huntington to stay all discovery in Action No. 2 pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated March 10, 2015, entered in that action, as well as an appeal from an order of the same court dated March 10, 2015, entered in Action No. 1.

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

ORDERED that the motion is granted, and all discovery in Action No. 2 is stayed pending hearing and determination of the appeals and cross appeal on condition that the appeal from the order entered in Action No. 2 is perfected on or before August 13, 2015; and it is further,

ORDERED that in the event the appeal from the order entered in Action No. 2 is not perfected on or before August 13, 2015, the Court, on its own motion, may vacate the stay, without further notice, or Dish Realty, LLC, may move to vacate the stay, on three days notice.

DILLON, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court