| Matter of Burton v Port Washington Water District |
| Motion No: 2017-02211 |
| Slip Opinion No: 2017 NY Slip Op 70973(U) |
| Decided on April 19, 2017 |
| 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
M229698
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2017-02211 In the Matter of Trevor Burton, et al, respondents, v Port Washington Water District, appellant. (Index No. 7902/16)
| DECISION & ORDER ON MOTION |
Motion by the respondents to vacate any automatic stay that exists concerning a judgment of the Supreme Court, Nassau County, entered December 21, 2016, pending hearing and determination of an appeal therefrom, and to set a date certain for the perfection 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 vacate the automatic stay is denied on condition that the appeal is perfected on or before May 19, 2017; and it is further,
ORDERED that if the appellant does not perfect the appeal on or before May 19, 2017, the Court, on its own motion, may vacate the automatic stay, without further notice, or the respondents 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 set a date certain for the perfection of the appeal is granted to the extent set forth above and is otherwise denied.
MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court