Matter of Metropolitan Transportation Authority v Incorporated Village
Motion No: 2021-08948
Slip Opinion No: 2021 NY Slip Op 76340(U)
Decided on December 22, 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

M280714

E/mb

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2021-08948

In the Matter of Metropolitan Transportation

Authority, et al., respondents, v Incorporated

Village of Garden City, appellant.

(Index No. 606976/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered December 6, 2021. Motion by the appellant pursuant to CPLR 5519(c) to vacate an automatic stay of the order arising under CPLR 5519(a), 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 pursuant to CPLR 5519(c) to vacate the automatic stay of the order is granted, and the automatic stay of the order entered December 6, 2021, arising under CPLR 5519(a) is vacated; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., BARROS, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court