| Matter of 25 Wanser LLC v Town of Hempstead |
| Motion No: 2025-08697 |
| Slip Opinion No: 2025 NY Slip Op 81649(U) |
| Decided on December 3, 2025 |
| 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
M309738
AFA/
ANGELA G. IANNACCI, J.P.
LINDA CHRISTOPHER
CARL J. LANDICINO
PHILLIP HOM, JJ.
|
2025-08697 In the Matter of 25 Wanser LLC, et al., respondents, v Town of Hempstead, appellant. (Index No. 616011/2024)
| DECISION & ORDER ON MOTION |
2025-09632
In the Matter of 25 Wanser LLC, et al.,
respondents, v Town of Hempstead,
appellant.
(Index No. 616011/2024)
Appeals from an order of the Supreme Court, Nassau County, dated June 9, 2025, and a judgment of the same court dated July 21, 2025. Motion by the respondents, in effect, to confirm that an automatic stay of enforcement of judgment is not in effect pursuant to CPLR 5519(a)(1), or, in the alternative, pursuant to CPLR 5519(c) to vacate any automatic stay of enforcement of the judgment, and for a preference in the calendaring of the appeal from the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241).
IANNACCI, J.P., CHRISTOPHER, LANDICINO and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court