Matter of Festa v Town of Oyster Bay
Motion No: 2020-05991
Slip Opinion No: 2020 NY Slip Op 72259(U)
Decided on September 28, 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

M273240

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2020-05991, 2020-06255

In the Matter of Meredith Festa, etc., appellant,

v Town of Oyster Bay, et al., respondents.

(Index No. 606199/2020)

DECISION & ORDER ON MOTION

Appeals from a judgment and an order of the Supreme Court, Nassau County, both dated August 3, 2020. Motion by the appellants, in effect, to stay the respondents from euthanizing a certain dog named Ruby, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the respondents are stayed from euthanizing the dog named Ruby pending hearing and determination of the appeals on condition that the appeals are perfected on or before October 28, 2020; and it is further,

ORDERED that in the event the appeals are not perfected on or before October 28, 2020, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

CHAMBERS, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court