| Harriman Estates at Aquebogue, LLC v Town of Riverhea |
| Motion No: 2015-05968 |
| Slip Opinion No: 2015 NY Slip Op 83219(U) |
| Decided on September 1, 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
M197913
E/htr
WILLIAM F. MASTRO, J.P.
L. PRISCILLA HALL
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2015-05968 Harriman Estates at Aquebogue, LLC, et al., respondents, v Town of Riverhead, et al., appellants. (Index No. 44846/10)
| DECISION & ORDER ON MOTION |
Motion by the respondents to vacate an automatic stay in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 27, 2015.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied on condition that the appeal is perfected on or before October 1, 2015; and it is further,
ORDERED that in the event that the appeal is not perfected on or before October 1, 2015, the respondents may renew their motion to vacate the automatic stay.
MASTRO, J.P., HALL, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court