Appellate Division: Second Judicial Department

M301793

AFA/

MARK C. DILLON, J.P.

DONNA-MARIE E. GOLIA

JAMES P. MCCORMACK

PHILLIP HOM, JJ.

2023-01671 Oak Hills Association, Inc., respondent, v Town of Riverhead, et al., appellants. (Index No. 614402/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Suffolk County, dated February 10, 2023. Motion by the appellants Highway Department of the Town of Riverhead and Mike Zaleski to confirm that an automatic stay of the judgment is in effect pursuant to CPLR 5519(a)(1) or, in the alternative, pursuant to CPLR 5519(c) to stay enforcement of the judgment, pending hearing and determination of the appeal. Cross-motion by the respondent, inter alia, pursuant to CPLR 5519(c) to vacate any automatic stay of enforcement of the judgment and to vacate any automatic stay of enforcement of a judgment of the same court dated March 29, 2023.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the cross-motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to confirm that an automatic stay of the judgment is in effect pursuant to CPLR 5519(a)(1) is denied as no automatic stay is in effect; and it is further,

ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay enforcement of the judgment, is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the cross-motion which is pursuant to CPLR 5519(c) to vacate any automatic stay of enforcement of the judgment dated February 10, 2023, is denied as unnecessary as no automatic stay is in effect, and it is further,

ORDERED that the cross-motion is otherwise denied.

DILLON, J.P., GOLIA, MCCORMACK and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court