Appellate Division: Second Judicial Department

M217940

E/afa

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2016-06480, 2016-08830, 2016-08831 Town of North Hempstead, respondent, v County of Nassau, et al., appellants. (Index No. 2027/16)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, dated May 31, 2016, and July 22, 2016, respectively, and a judgment of the same court also dated July 22, 2016, to vacate any automatic stay that exists concerning the orders and the judgment, or to confirm that no automatic stay exists, or for an expedited briefing schedule.

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 with respect to the judgment is denied on condition that the appeals are perfected on or before October 11, 2016; and it is further,

ORDERED that if the appellant does not perfect the appeals on or before October 11, 2016, the Court, on its own motion, may vacate the automatic stay, without further notice, or the respondent may move to vacate the automatic stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to confirm that no automatic stay exists with respect to the orders is granted; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., LEVENTHAL, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court