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Unpublished Opinion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.