Appellate Division: Second Judicial Department

M207953

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2016-00628 In the Matter of Blauvelt Mini-Mall, Inc., appellant, v Town of Orangetown, et al., respondents. (Index Nos. 33563/12, 33435/13, 32945/14, 32852/15)

DECISION & ORDER ON MOTION

Motion by Blauvelt Mini-Mall, Inc., 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 the parties to take whatever steps necessary to effectuate a lot merger 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.

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 granted; and it is further,

ORDERED that enforcement of so much of the order dated December 22, 2015, as directed the parties to take whatever steps necessary to effectuate a lot merger of the subject tax lots, as well as the appraisal exchange and trial in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 11, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 11, 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.

CHAMBERS, J.P., AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court