PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 17-01956
DOCKET NO. CA 17-01957

CAYUGA NATION, BY AND THROUGH ITS LAWFUL GOVERNING BODY, THE CAYUGA NATION COUNCIL, PLAINTIFF-RESPONDENT, V SAMUEL CAMPBELL, CHESTER ISAAC, JUSTIN BENNETT, KARL HILL, SAMUEL GEORGE, DANIEL HILL, TYLER SENECA, MARTIN LAY, WILLIAM JACOBS, WARREN JOHN, WANDA JOHN, BRENDA BENNETT, PAMELA ISAAC, ET AL., DEFENDANTS-APPELLANTS. DUSTIN PARKER, DEFENDANT, AND COUNTY OF SENECA, DEFENDANT-INTERVENOR. (APPEAL NO. 1.) CAYUGA NATION, BY AND THROUGH ITS LAWFUL GOVERNING BODY, THE CAYUGA NATION COUNCIL, PLAINTIFF-RESPONDENT, V SAMUEL CAMPBELL, CHESTER ISAAC, JUSTIN BENNETT, KARL HILL, SAMUEL GEORGE, DANIEL HILL, TYLER SENECA, MARTIN LAY, WILLIAM JACOBS, WARREN JOHN, WANDA JOHN, BRENDA BENNETT, PAMELA ISAAC, ET AL., DEFENDANTS-APPELLANTS. DUSTIN PARKER, DEFENDANT, AND COUNTY OF SENECA, DEFENDANT-INTERVENOR. (APPEAL NO. 2.)

Appellants having moved, upon the return of an order to show cause granted by the Honorable Nancy E. Smith on November 6, 2017, to vacate or stay the preliminary mandatory injunction, pursuant to CPLR 5518 or 5519 (c) in the appeal take herein from the order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on September 20, 2017 (appeal No. 1.), or, in the alternative, for a modification of the undertaking set pursuant to CPLR 5519 (a) (6) in the appeal taken herein from the same Court entered October 17, 2017 (appeal No. 2), pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmation and statement of Margaret A. Murphy, Esq., dated October 24, 2017, the unsigned supplemental affirmation of Margaret A. Murphy, Esq., dated November 13, 2017, the statements of Margaret A. Murphy, Esq., dated November 14, 2017, and November 21, 2017, said show cause order with proof of service thereof, and the affirmation and statement of Mark T. Whitford, Esq., Jr., dated November 17, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that, pursuant to CPLR 5519 (c), the amount of the undertaking affixed by Supreme Court with respect to the application for an automatic stay pursuant to CPLR 5519 (a) (6) in appeal No. 2 is hereby modified to be $129,000, and that enforcement of all proceedings to enforce the order entered September 20, 2017, are stayed pursuant to CPLR 5519 (a) (6), on the conditions that: (1) Appellants post an undertaking that complies with the requirements of CPLR 5519 (a) (6) and CPLR article 25 in the amount of $129,000 on or before December 15, 2017; and (2) the appeal is perfected on or before January 29, 2018, and

It is further ORDERED that the temporary stay granted in the order to show cause shall remain in effect and is hereby deemed vacated on December 15, 2017, and the motion is otherwise denied.

Entered: November 30, 2017

Mark W. Bennett, Clerk