Appellate Division: Second Judicial Department

M292946

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2023-10600 In the Matter of Hofstra University, respondent, v Nassau County Planning Commission, et al., appellants. (Index No. 606293/2023)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated November 9, 2023. Motion by the appellants for leave to appeal to this Court from the order and judgment and to stay enforcement of the order and judgment, pending hearing and determination of the appeal. Separate motion by the appellants for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion for leave to appeal and to stay enforcement of the order and judgment and the papers filed in opposition thereto, and upon the papers filed in support of the motion for a preference and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order and judgment is denied as unnecessary as the order and judgment is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order and judgment, pending hearing and determination of the appeal, is denied; and it is further,

ORDERED that the motion for a preference in the calendaring of the appeal is granted, and the appeal will be calendared expeditiously after all briefs have been filed.

DUFFY, J.P., WOOTEN, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court