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S. Realty & Dev. v. Town of Hurley

Supreme Court of New York, Third Department
Sep 29, 2022
2022 N.Y. Slip Op. 72456 (N.Y. App. Div. 2022)

Opinion

Motion No. 535737

09-29-2022

In the Matter of SOUTHERN REALTY AND DEVELOPMENT, LLC, et al., Respondents, v. TOWN OF HURLEY et al., Appellants.


Unpublished Opinion

MOTION DECISION

DECISION AND ORDER ON MOTION

Motion to declare that automatic stay does not apply or, in the alternative, to vacate automatic stay, and for expedited briefing schedule and calendar preference.

Cross motion for stay pending appeal.

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

ORDERED that the motion to declare that an automatic stay does not apply is denied, without costs, and it is further

ORDERED that the motion to vacate the automatic stay is denied, without costs, and it is further

ORDERED that the motion for a calendar preference is denied, without costs, and it is further

ORDERED that the motion for an expedited briefing schedule is granted, without costs. The record on appeal and appellants' brief shall be filed and served on or before November 28, 2022. The respondents' brief shall be filed and served on or before December 28, 2022. The reply brief, if any, shall be filed and served on or before January 9, 2023. It is further

ORDERED that the cross motion is denied, without costs, as academic.

Egan Jr., J.P., Aarons and Reynolds Fitzgerald, JJ., concur.

McShan, JJ., concurs in part, dissents in part and votes to grant a calendar preference.


Summaries of

S. Realty & Dev. v. Town of Hurley

Supreme Court of New York, Third Department
Sep 29, 2022
2022 N.Y. Slip Op. 72456 (N.Y. App. Div. 2022)
Case details for

S. Realty & Dev. v. Town of Hurley

Case Details

Full title:In the Matter of SOUTHERN REALTY AND DEVELOPMENT, LLC, et al.…

Court:Supreme Court of New York, Third Department

Date published: Sep 29, 2022

Citations

2022 N.Y. Slip Op. 72456 (N.Y. App. Div. 2022)