IN THE MATTER OF NY BOSTON II, LLC V ZONING BOARD OF APPEALS OF THE TOWN OF BOSTON AND CITIZENS OF FEDDICK ROAD, BY ITS
2026 NY Slip Op 68957(U)
May 12, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
IN THE MATTER OF NY BOSTON II, LLC, PETITIONER-RESPONDENT,
v
ZONING BOARD OF APPEALS OF THE TOWN OF BOSTON AND CITIZENS OF FEDDICK ROAD, BY ITS TREASURER, ROBERT TELAAK, RESPONDENTS-APPELLANTS.
Supreme Court of the State of New York, Appellate Division : Fourth Judicial Department
May 12, 2026
CA 25-01985
Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ.
[*1]In this appeal taken herein from an order of the Supreme Court, Erie County, entered November 7, 2025, petitioner having moved pursuant to CPLR 5519 (c) for an order to vacate or otherwise modify or limit the automatic stay pursuant to CPLR 5519 (a)(1), and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an order vacating the automatic stay is granted, and
It is further ORDERED that the motion insofar as it seeks expedited briefing schedule is denied, and
It is further ORDERED that the motion insofar as it seeks calendar preference is dismissed as premature.
Entered: May 12, 2026
Ann Dillon Flynn
Clerk of the Court