Seaview at Amagansett, Ltd. v Trustees of Freeholders and Commonalty
Motion No: 2017-05072
Slip Opinion No: 2021 NY Slip Op 67561(U)
Decided on June 11, 2021
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

M277544

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-05072

Seaview at Amagansett, Ltd., et al., appellants, et al.,

plaintiffs, v Trustees of Freeholders and Commonalty

of Town of East Hampton, et al., respondents, et al.,

defendants; Jay H. Baker and Pat Good Baker Joint

Trust, nonparty-appellant.

(Index No. 34714/09)

DECISION & ORDER ON MOTION

Appeals from a judgment of the Supreme Court, Suffolk County, entered April 24, 2017, which were determined by decision and order of this Court dated February 3, 2021. Motion by the respondent Town of East Hampton for leave to reargue the appeals, or, in the alternative, for leave to appeal to Court of Appeals from the decision and order of this Court. Separate motion by the respondent Town of East Hampton to stay enforcement of an amended judgment of the Supreme Court, Suffolk County, dated April 12, 2021, pending determination, among other things, of an appeal by the Court of Appeals.

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

ORDERED that the motion for leave to reargue the appeals or, in the alternative, for leave to appeal to Court of Appeals is denied; and it is further,

ORDERED that the motion to stay enforcement of the amended judgment dated April 12, 2021, is denied without prejudice to seeking appropriate relief from the Court of Appeals.

MASTRO, J.P., CHAMBERS, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court