Appellate Division: Second Judicial Department

M227660

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-08869 Hofstra University, respondent, v Nassau County, New York, defendant. (Matter No. 1) St. Francis Hospital, Roslyn, New York, et al., respondents, v Nassau County, New York, et al., appellants. (Matter No. 2) In the Matter of Board of Education of East Meadow Union Free School District, et al., respondents, v Nassau County, New York, et al., appellants. (Matter No. 3) Baldwin Union Free School District, et al., respondents, v Nassau County, New York, et al., appellants. (Matter No. 4) (Index Nos. 3335/11, 3203/11, 3075/11, 3069/11)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered May 23, 2016, for leave to reargue those branches of their prior motion which were to direct certain respondents to post an undertaking in the sum of $48 million and to fix the liability of certain respondents in the sum of $48 million, or alternatively, to modify a certain preliminary injunction or stay all proceedings in the above-entitled matters, which were determined by decision and order on motion of this Court dated October 7, 2016. Cross motion by the respondents in Matter Nos. 1 and 2, and separate cross motion by the respondents in Matter No. 3, to dismiss the appeal, inter alia, on the ground the brief only raises issues regarding a portion of the order entered May 23, 2016, and the appeal from that portion of the order was dismissed by the decision and order on motion of this Court dated October 7, 2016. Separate cross motion by the respondents in Matter No. 4, to dismiss the appeal, inter alia, on the same ground, for an award of costs, and to enlarge the time to serve and file a brief. Application by the respondents in Matter Nos. 1 and 2, separate applications by the respondents in Matter No. 3, and Matter No. 4 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents' time to serve and file their respective briefs.

Upon the papers filed in support of the motion and the cross motions, and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion by the respondents in Matter Nos. 1 and 2, and separate cross motion by the respondents in Matter No. 3, and the branch of the separate cross motion by the respondents in Matter No. 4 to dismiss the appeal are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the separate cross motion by the respondents in Matter No. 4 for an award of costs is denied; and it is further,

ORDERED that the branch of the separate cross motion by the respondents in Matter No. 4 to enlarge the time to serve and file a brief and the applications are granted, the respondents' time to serve and file their respective briefs is enlarged until April 18, 2017, and the respondents' briefs must be served and filed on or before that date.

DILLON, J.P., HINDS-RADIX, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court