| Matter of 999 Hempstead Turnpike, LLC v Board of Appeals of the Town |
| Motion No: 2019-08746 |
| Slip Opinion No: 2020 NY Slip Op 71392(U) |
| Decided on September 9, 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
M272874
E/sl
CHERYL E. CHAMBERS, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
PAUL WOOTEN, JJ.
|
2019-08746, 2019-12377
In the Matter of 999 Hempstead Turnpike, LLC, respondent, v Board of Appeals of the Town of Hempstead, appellant. (Index No. 600534/2019)
| DECISION & ORDER ON MOTION |
Appeals by Board of Appeals of the Town of Hempstead from an order and judgment (one paper) of the Supreme Court, Nassau County, entered July 10, 2019, and an order of the same court entered October 17, 2019. Motion by the respondent to dismiss the appeal from the order and judgment on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party. Cross motion by the appellant, inter alia, to stay enforcement of the order and judgment, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the cross motion is denied.
CHAMBERS, J.P., DUFFY, CONNOLLY and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court