Appellate Division: Second Judicial Department

M301629

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2023-10137 In the Matter of County of Westchester, et al., respondents, v City of Rye, etc., et al., appellants. (Index No. 66977/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated September 26, 2023. Motion by the respondent County of Westchester to vacate the automatic stay of enforcement of the order pursuant to CPLR 5519(a)(1), to direct that the appeal be perfected by a date certain, and for a preference in the calendaring of the appeal. Motion by the appellants to reject the papers filed by the respondent Standard Amusements LLC in relation to the motion, inter alia, to vacate the automatic stay.

Upon the papers filed in support of the motion by the respondent and the papers filed in opposition and in relation thereto, and upon the papers filed support of the motion by the appellants and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to vacate the automatic stay of enforcement of the order pursuant to CPLR 5519(a)(1), is denied; and it is further,

ORDERED that the branch of the motion which is to direct that the appeal be perfected by a date certain is denied as academic, as the appeal has been perfected; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal will be calendared expeditiously; and it is further,

ORDERED that the motion by the appellants is denied.

CHAMBERS, J.P., CHRISTOPHER, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court