Matter of East End Hangars, Inc. v Town of East Hampton, New York

Matter of East End Hangars, Inc. v Town of East Hampton, New York

Motion No: 2023-05193

Slip Opinion No: 2023 NY Slip Op 72010(U)

Decided on August 18, 2023

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

M290607

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2023-05193
In the Matter of East End Hangars, Inc., et al.,
respondents, v Town of East Hampton, New
York, appellant.
(Proceeding No. 1)
In the Matter of The Coalition to Keep East
Hampton Airport Open Ltd., et al., respondents,
v Town of East Hampton, New York, appellant.
(Proceeding No. 2)
In the Matter of Blade Air Mobility, Inc., et al.,
respondents, v Town of East Hampton, New York,
et al., appellants.
(Proceeding No. 3)
(Index Nos. 602799/2022, 602801/2022, 602802/202

DECISION & ORDER ON MOTION

2)

Appeal from an order of the Supreme Court, Suffolk County, dated May 19, 2023.

Joint motion by the respondents East End Hangars, Inc., Hampton Hangars, Inc., Thomas Bogdan, Joseph Dryer, Suse Lowenstein, and Lynden Restrepo pursuant to CPLR 5519(c) to vacate any automatic stay of so much of the order as, in effect, directed the appellant Town of East Hampton to comply with a temporary restraining order prohibiting it from using the revenues generated by the subject airport for any purposes other than those enumerated in 49 USC § 47107(b). Separate joint motion by the respondents East End Hangars, Inc., Hampton Hangars, Inc., Thomas Bogdan, Joseph Dryer, Suse Lowenstein, and Lynden Restrepo, inter alia, to dismiss the appeal on the ground that no appeal lies as of right from an order in a proceeding pursuant to CPLR article 78.

Upon the papers filed in support of the motion pursuant to CPLR 5519(c) to vacate any automatic stay of the subject portions of the order, and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, to dismiss the appeal and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion pursuant to CPLR 5519(c) to vacate any automatic stay of so much of the order as, in effect, directed the appellant Town of East Hampton to comply with a temporary restraining order prohibiting it from using the revenues generated by the subject airport for any purposes other than those enumerated in 49 USC § 47107(b) is denied as unnecessary as there is no automatic stay pursuant to CPLR 5519(a) in effect; and it is further,

ORDERED that the motion, inter alia, to dismiss the appeal on the ground that no appeal lies as of right from an order in a proceeding pursuant to CPLR article 78 is denied.

CONNOLLY, J.P., MALTESE, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court