Opinion
2013-02611 Index No. 12-2416 M159282
07-15-2013
In the Matter of Michael Garvey, petitionerespondent, v. Michael Sullivan, et al., respondents/appellants.
, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by Michael Garvey in a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Rockland County, dated February 21, 2013, to remand the matter to the Supreme Court, Rockland County, or, in the alternative, inter alia, to enlarge the time to perfect the proceeding. Separate motion by Michael Garvey, inter alia, to hold Michael Sullivan and the Town of Clarkstown in contempt for failure to comply with a certain provision contained in the order dated February 21, 2013. Cross motion by Michael Sullivan and the Town of Clarkstown to vacate a temporary restraining order contained in an order to show cause of the Supreme Court, Rockland County, dated December 20, 2012, or, in the alternative, pursuant to CPLR 6312(b) to direct Michael Garvey to post an undertaking. Separate cross motion by Michael Sullivan and the Town of Clarkstown to stay enforcement of a certain provision contained in the order dated February 21, 2013, or, in the alternative, in effect, to vacate so much of a decision and order on motion of this Court dated May 9, 2013, as marked withdrawn their appeal from the order dated February 21, 2013, to quash certain subpoenas, and for an award of costs and an attorney 's fee.
Upon the papers filed in support of the motions and the cross motions, and the papers filed in opposition thereto, it is
ORDERED that the branch of the cross motion by Michael Sullivan and the Town of Clarkstown which is, in effect, to vacate so much of the decision and order on motion of this Court dated May 9, 2013, as marked their appeal withdrawn, is granted; and it is further,
ORDERED that on the court's own motion the time to perfect the appeal is enlarged; and it is further,
ORDERED that on the Court's own motion, the notice of appeal filed by Michael Sullivan and the Town of Clarkstown from the order dated February 21, 2013, is deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the proceeding is granted; and it is further,
ORDERED that Michael Garvey shall serve and file the joint record or appendix on the appeal and the proceeding, and serve and file a brief on the appeal on or before September 20, 2013; and it is further,
ORDERED that Michael Sullivan and the Town of Clarkstown shall serve and file a brief, if any, as a respondent on the appeal and as a petitioner in the proceeding on or before October 25, 2013; and it is further,
ORDERED that Michael Garvey shall serve and file a reply brief, if any on or before November 12, 2013; and it is further,
ORDERED that Michael Sullivan and the Town of Clarkstown shall serve and file a reply brief, if any, on or before November 27, 2013; and it is further,
ORDERED that the branch of the cross motion by Michael Sullivan and the Town of Clarkstown which is to stay enforcement of a portion of the order dated February 21, 2013, is denied as unnecessary (see CPLR 5519[a][1]); and it is further,
ORDERED that the motions and cross motions are otherwise denied.
DICKERSON, J.P., LOTT, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court