Appellate Division: Second Judicial Department

M299362

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2024-05966 In the Matter of Board of Managers-Parkview Condominiums at Maple & 45, appellant-responden v County of Rockland, et al., respondents-respondent Village of Spring Valley, respondent-appellant. (Index No. 31960/2023)

DECISION & ORDER ON MOTION t, s,

Appeal and cross-appeal from an order of the Supreme Court, Rockland County, dated July 8, 2024. Motion by the appellant-respondent to stay enforcement of the order and to stay all construction activities at the subject property, pending hearing and determination of the appeal and cross-appeal. Motion by the respondent-respondent 29 Ewing LLC to dismiss the appeal on the ground, inter alia, that the appeal is barred by the doctrine of res judicata.

Upon the papers filed in support of the motions and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion by the appellant-respondent is granted and enforcement of the order is stayed, pending hearing and determination of the appeal and cross-appeal, on condition that the appeal is perfected on or before October 21, 2024; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 21, 2024, the Court, on its own motion, may vacate the stay, without further notice, or the respondents-respondents or the respondent-appellant may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion by the respondent-respondent is held in abeyance and referred to the panel of Justices hearing the appeal and cross-appeal for determination upon the argument or submission thereof.

BARROS, J.P., MALTESE, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court