BT Holdings, LLC v Village of Chester
Motion No: 2016-05428
Slip Opinion No: 2016 NY Slip Op 76356(U)
Decided on June 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M212956

E/sl

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-05428

BT Holdings, LLC, respondent,

v Village of Chester, et al., appellants.

(Index No. 1480/15)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Orange County, dated May 11, 2016, to stay all proceedings in the above-entitled action pursuant to CPLR 5519(c), and to confirm that an automatic stay of enforcement of so much of the order as directed the parties to appear before the Supreme Court, Orange County, on May 31, 2016, is in effect, pending hearing and determination 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 confirm that an automatic stay is in effect is denied as academic; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action pursuant to CPLR 5519(c) is denied.

ENG, P.J., COHEN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court