Matter of Merestead
Motion No: 2019-12780
Slip Opinion No: 2020 NY Slip Op 63432(U)
Decided on February 24, 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

M269764

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-12780

In the Matter of Merestead.

County of Westchester, petitioner-respondent;

Attorney General of the State of New York,

et al., respondents-respondents; Nelson Peltz,

et al., nonparty-appellants.

(Index No. 59460/19)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellants to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated October 30, 2019. Separate motion by the nonparty-appellants for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion to stay all proceedings and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion for a preference and the papers filed in relation thereto, it is

ORDERED that the motion to stay all proceedings is granted to the extent that all proceedings in the above-entitled matter are stayed, except for settlement negotiations, discussions, research, or studies, and proceedings for the necessary maintenance of the subject premises, pending hearing and determination of the appeal, and that motion is otherwise denied; and it is further,

ORDERED that the motion for a preference is granted and the appeal will be calendared expeditiously.

DILLON, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court