| Clement v Millbrook Central School District |
| Motion No: 2015-09660 |
| Slip Opinion No: 2015 NY Slip Op 91023(U) |
| Decided on November 19, 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
M201891
E/sl
RANDALL T. ENG, P.J.
SANDRA L. SGROI
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2015-09660 Stephen M. Clement III, et al., respondents, v Millbrook Central School District, et al., appellants. (Index No. 3313/13)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to vacate an automatic stay, pursuant to CPLR 5519(a)(1), of enforcement of an order of the Supreme Court, Dutchess County, dated August 14, 2015, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the 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 enforcement of the order dated August 14, 2015, is denied on condition that the appeal is perfected on or before December 21, 2015; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 21, 2015, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the automatic stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., SGROI, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court