Appellate Division: Second Judicial Department

M242469

E/ct

RANDALL T. ENG, P.J.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-11538 In the Matter of Merlin Entertainments Group U.S. Holdings, Inc., et al., respondents, v 409 Signatories to the challenged Referendum Petition, appellant. (Proceeding No. 2) In the Matter of Town of Goshen, etc., respondent, v 409 Signatories to the challenged Referendum Petition, appellant. (Proceeding No. 2) (Index Nos. 8421/17, 8425/17)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the Town of Goshen from conveying the subject real property to Merlin Entertainments Group U.S. Holdings, Inc., pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated November 9, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the Town of Goshen is stayed from conveying the subject real property, identified as tax map section 11, block 1, lot numbers 60, 63, 64, 65, 66, 67, and 68, to Merlin Entertainments Group U.S. Holdings, Inc., pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 5, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 5, 2018, 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.

ENG, P.J., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court