| Matter of Town of East Hampton v New York State Department of Environ |
| Motion No: 2021-06697 |
| Slip Opinion No: 2021 NY Slip Op 74414(U) |
| Decided on November 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
M280058
E/sl
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2021-06697 In the Matter of Town of East Hampton, et al., appellants, v New York State Department of Environmental Conservation, et al., respondents. (Index No. 607907/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated May 26, 2021. Motion by Town of East Hampton and Town of East Hampton Town Board for leave to appeal from stated portions of the order and to stay the respondents from undertaking any acts in furtherance of vertically deepening the mine of the respondent Sand Highway, LLC, and constructing a 6.05 acre lake to a maximum depth of 110 feet below the groundwater table, pending hearing and determination 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 for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to stay the respondents from undertaking any acts in furtherance of vertically deepening the mine of the respondent Sand Highway, LLC, and constructing a 6.05 acre lake to a maximum depth of 110 feet below the groundwater table is granted and the respondents are stayed from undertaking any acts in furtherance of vertically deepening the mine of the respondent Sand Highway, LLC, and constructing a 6.05 acre lake to a maximum depth of 110 feet below the groundwater table pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 12, 2021; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 12, 2021, the Court, on its own motion, may vacate the stay, without further notice, or either respondent may move to vacate the stay, on three days notice.
CHAMBERS, J.P., HINDS-RADIX, MILLER and CONNOLLY, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court