| Matter of Catherine Commons, LLC v Town of Orangetown |
| Motion No: 2016-00623 |
| Slip Opinion No: 2016 NY Slip Op 65664(U) |
| Decided on March 1, 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
M207160
E/sl
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
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2016-00623 In the Matter of Catherine Commons, LLC, appellant, v Town of Orangetown, etc., et al., respondents. (Index Nos. 5002/11, 33561/12, 33437/13, 32944/14)
| DECISION & ORDER ON MOTION |
Motion by Catherine Commons, LLC, for leave to appeal to this Court from so much of an order of the Supreme Court, Rockland County, dated December 22, 2015, as sua sponte directed a merger of two of the subject tax lots and to stay enforcement of that portion of the order, as well as the appraisal exchange and trial in the above-entitled matter, pending hearing and determination of the appeal from the order.
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 it is further,
ORDERED that enforcement of so much of the order as sua sponte directed a merger of two of the subject tax lots, as well as the appraisal exchange and trial in the above-entitled matter are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 31, 2016; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 31, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
HALL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court