Opinion
Motion Nos. 2024-01026 2024-01441 Index No. 56207/2021
06-24-2024
Hampshire Recreation, LLC, respondent, v. Village of Mamaroneck, et al., appellants. Hampshire Recreation, LLC, respondent, v. Village of Mamaroneck, et al., appellants.
Unpublished Opinion
MOTION DECISION
M297266
VALERIE BRATHWAITE NELSON, J.P. CHERYL E. CHAMBERS HELEN VOUTSINAS LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
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.