| Matter of Orange and Rockland Utilities, Inc. v Town Board of the Town |
| Motion No: 2021-02835 |
| Slip Opinion No: 2021 NY Slip Op 68852(U) |
| Decided on July 12, 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. |
Appellate Division: Second Judicial Department
M278113
MB/
MARK C. DILLON, J.P.
BETSY BARROS
ANGELA G. IANNACCI
JOSEPH A. ZAYAS, JJ.
|
2021-02835 In the Matter of Orange and Rockland Utilities, Inc., respondent, v Town Board of the Town of Clarkstown, appellant. (Index No. 33362/2019)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Rockland County, dated April 9, 2021. Motion by the respondent, inter alia, to modify the automatic stay of enforcement of the judgment pending hearing and determination of the appeal, for an expedited briefing schedule, 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 the branch of the motion which is to modify the automatic stay is denied on condition that the appeal is perfected on or before August 12, 2021; and it is further,
ORDERED that if the appellant does not perfect the appeal on or before August 12, 2021, the Court, on its own motion, may vacate the automatic stay, without further notice, or the respondent may move to vacate the automatic stay, on three days notice; and it is further,
ORDERED that the branch of the motion which is for an expedited briefing schedule is granted to the extent set forth above and is otherwise denied; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BARROS, IANNACCI and ZAYAS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court