Matter of Santomero v Town of Bedford
Motion No: 2019-01079
Slip Opinion No: 2020 NY Slip Op 60966(U)
Decided on January 16, 2020
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M268966

kbp/

WILLIAM F. MASTRO, J.P.

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2019-01079

In the Matter of Camillo M. Santomero,

et al., respondents, v Town of Bedford,

et al., appellants.

(Index No. 62222/17)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to stay the effective date of a certain law pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated December 11, 2018, to dismiss the appeal on the ground that the order is not appealable as of right and leave has not been granted, and to extend the time to serve and file a brief.

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 stay the effective date of a certain law is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is 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 motion which is to extend the time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended until February 18, 2020, and the respondents' brief shall be served and filed on or before that date.

MASTRO, J.P., CONNOLLY, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court