| Matter of Blue Island Development, LLC v Town of Hemstea |
| Motion No: 2016-00407 |
| Slip Opinion No: 2016 NY Slip Op 62748(U) |
| Decided on January 29, 2016 |
| 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
M205705
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2016-00407 In the Matter of Blue Island Development, LLC, et al., respondents, v Town of Hempstead, et al., appellants. (Index No. 3533/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents to vacate an automatic stay, pursuant to CPLR 5519(a), of enforcement of an order of the Supreme Court, Nassau County, entered December 9, 2015, pending hearing and determination of an appeal therefrom, for an expedited briefing schedule, 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 is denied on condition that the appeal is perfected on or before February 29, 2016; and it is further,
ORDERED that if the appellant does not perfect the appeal on or before February 29, 2016, the Court, on its own motion, may vacate the automatic 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 branch of the motion which is for an expedited briefing schedule is denied; and it is further,
ORDERED that the branch of the motion which is for a preference is granted and the appeal will be calendared expeditiously after all of the briefs have been filed.
LEVENTHAL, J.P., DICKERSON, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court