| Hampshire Recreation, LLC v Village of Mamaroneck |
| Motion No: 2024-01026 |
| Slip Opinion No: 2024 NY Slip Op 69961(U) |
| Decided on June 24, 2024 |
| 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. |
Appellate Division: Second Judicial Department
M297266
AFA/
VALERIE BRATHWAITE NELSON, J.P.
CHERYL E. CHAMBERS
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2024-01026 Hampshire Recreation, LLC, respondent, v Village of Mamaroneck, et al., appellants. (Index No. 56207/2021)
| DECISION & ORDER ON MOTION |
2024-01441
Hampshire Recreation, LLC, respondent,
v Village of Mamaroneck, et al., appellants.
(Index No. 56207/2021)
Appeal from an order of the Supreme Court, Westchester County, dated November 15, 2023. Motion by the appellants for leave to appeal to this Court from an order of the of the same court dated January 30, 2024, and to stay enforcement of both orders, pending hearing and determination of the appeals. Cross-motion by the respondent pursuant to CPLR 5519(c) to vacate the automatic stay of enforcement of the order dated November 15, 2023.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from the order dated January 30, 2024, is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the orders is denied as unnecessary as an automatic stay is in effect pursuant to CPLR 5519(a)(1); and it is further,
ORDERED that the cross-motion is denied.
BRATHWAITE NELSON, J.P., CHAMBERS, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court