Opinion
2021-68852 Motion 2021-02835
07-12-2021
In the Matter of Orange and Rockland Utilities, Inc., respondent, v. Town Board of the Town of Clarkstown, appellant. Index No. 33362/2019
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P. BETSY BARROS ANGELA G. IANNACCI JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Rockland County, dated April 9, 2021. Motion by the respondent, inter alia, to modify the automatic stay of enforcement of the judgment pending hearing and determination of the appeal, for an expedited briefing schedule, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to modify the automatic stay is denied on condition that the appeal is perfected on or before August 12, 2021; and it is further, ORDERED that if the appellant does not perfect the appeal on or before August 12, 2021, the Court, on its own motion, may vacate the automatic stay, without further notice, or the respondent may move to vacate the automatic stay, on three days notice; and it is further, ORDERED that the branch of the motion which is for an expedited briefing schedule is granted to the extent set forth above and is otherwise denied; and it is further, ORDERED that the motion is otherwise denied.
DILLON, J.P., BARROS, IANNACCI and ZAYAS, JJ., concur.