| Matter of Hampshire Recreation, LLC v Village of Mamaroneck |
| Motion No: 2018-12794 |
| Slip Opinion No: 2019 NY Slip Op 60331(U) |
| Decided on January 7, 2019 |
| 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
M258920
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2018-12794 In the Matter of Hampshire Recreation, LLC, et al., respondents, v Village of Mamaroneck, et al., appellants. (Index No. 2371/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents to vacate an automatic stay of enforcement of an order of the Supreme Court, Westchester County, dated September 11, 2018, pending hearing and determination of an appeal therefrom, or, in the alternative, for an expedited briefing schedule and a preference in the calendaring 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 February 4, 2019; and it is further,
ORDERED that if the appellants do not perfect the appeal on or before February 4, 2019, 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 for an expedited briefing schedule is granted to the extent set forth above and is otherwise denied; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.
BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court