| Matter of Capetola v Town of Riverhead |
| Motion No: 2019-11686 |
| Slip Opinion No: 2020 NY Slip Op 62184(U) |
| Decided on February 6, 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. |
Appellate Division: Second Judicial Department
M269400
kbp/
WILLIAM F. MASTRO, J.P.
JEFFREY A. COHEN
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2019-11686 In the Matter of Anthony A. Capetola, et al., appellants, v Town of Riverhead, et al., respondents. (Index No. 1431/19)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Suffolk County, dated August 7, 2019, and to enjoin the respondents from taking any action to construct the subject residential building, pending hearing and determination of an appeal from the order, and for 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 branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal will be calendared expeditiously after all of the briefs have been filed; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., COHEN, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court