Mottz Only Authentic New York Style, LLC v Town of Southampton
2026 NY Slip Op 70313(U)
June 12, 2026
Appellate Division, Second 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.
Mottz Only Authentic New York Style, LLC, etc., et al., plaintiffs-respondents,
v
Town of Southampton, et al., defendants- appellants, New York State Office of Cannabis Management, defendant-respondent.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
June 12, 2026
2026-00015, 623638/2025
Mark C. Dillon, J.P.
Linda Christopher
Carl J. Landicino
Phillip Hom, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated December 23, 2025. Motion by the appellants to stay enforcement of the order, pending hearing and determination of the appeal. Motion by the defendant-respondent for a preference in the calendaring of the appeal. Motion by the plaintiffs-respondents for leave to file supplemental papers in response to the motion by the defendants-appellants.
Upon the papers filed in support of the motions by the defendants-appellants and the plaintiffs-respondents and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the defendant-respondent and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the defendants-appellants is granted and enforcement of the order is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before July 13, 2026; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 13, 2026, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion by the defendant-respondent is granted and the appeal will be calendared expeditiously after all briefs have been filed; and it is further,
ORDERED that the motion by the plaintiffs-respondents is denied.
DILLON, J.P., CHRISTOPHER, LANDICINO and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court