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Inc. Vill. of Muttontown v. Ryba

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 21, 2013
2013 N.Y. Slip Op. 77553 (N.Y. App. Div. 2013)

Opinion

2013-03921 Index No. 8193/12 M158293

06-21-2013

Incorporated Village of Muttontown, respondent, v. Bernard D. Ryba, et al., appellants.


, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered February 25, 2013, for leave to reargue the respondent's prior motion pursuant to CPLR 5519(c) to vacate an automatic stay imposed pursuant to CPLR 5519(a)(1), which was determined by decision and order on motion of this Court dated April 24, 2013.

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

ORDERED that the motion is granted and, upon reargument, the decision and order on motion of this Court dated April 24, 2013, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent pursuant to CPLR 5519(c) to vacate an automatic stay imposed pursuant to CPLR 5519(a)(1), pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered February 25, 2013.

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

ORDERED that the motion is denied on condition that the appellants perfect the appeal on or before July 22, 2013; and it is further,

ORDERED that if the appeal is not perfected by July 22, 2013, the Court, on its own motion, may vacate the automatic stay, or the respondent may move to vacate the automatic stay, on three days notice.

ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Inc. Vill. of Muttontown v. Ryba

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 21, 2013
2013 N.Y. Slip Op. 77553 (N.Y. App. Div. 2013)
Case details for

Inc. Vill. of Muttontown v. Ryba

Case Details

Full title:Incorporated Village of Muttontown, respondent, v. Bernard D. Ryba, et…

Court:Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jun 21, 2013

Citations

2013 N.Y. Slip Op. 77553 (N.Y. App. Div. 2013)