Appellate Division: Second Judicial Department

M278400

E/sl

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2020-04966, 2021-00211 Bryan C. Murphy, respondent, v Town of Oyster Bay, appellant-respondent, State of New York, respondent-appellant, et al., defendants. (Index No. 624/2012)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Nassau County, entered May 15, 2020, and December 23, 2020, respectively, and cross appeal from the order entered December 23, 2020. Motion by the respondent-appellant, in effect, to stay enforcement of so much of the order entered December 23, 2020, as granted the appellant-respondent's motion for summary judgment to the extent of declaring that the appellant-respondent has jurisdiction to issue summonses for illegal shell fishing in the Long Island Sound, north of the line running east from Rocky Point in Oyster Bay to Whitewood Point on Lloyd's Neck, up to and including the Connecticut State border, pending hearing and determination of the appeals and cross appeal.

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 enforcement of so much of the order entered December 23, 2020, as granted the appellant-respondent's motion for summary judgment to the extent of declaring that the appellant-respondent has jurisdiction to issue summonses for illegal shell fishing in the Long Island Sound, north of the line running east from Rocky Point in Oyster Bay to Whitewood Point on Lloyd's Neck, up to and including the Connecticut State border is stayed, pending hearing and determination of the appeals and cross appeal.

DUFFY, J.P., IANNACCI, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court