Opinion
2013-04652 Index No. 12-4646 M157921
06-14-2013
In the Matter of Ogden Land Development, LLC, respondent, v. Zoning Board of Appeals of Village of Scarsdale, et al., appellants.
, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellants on an appeal from a judgment of the Supreme Court, Westchester County, entered April 5, 2013, inter alia, to stay all proceedings in connection with the subdivision application of Ogden Land Development, LLC, or, in effect, for leave to reargue the respondent's prior motion pursuant to 5519(c) to vacate an automatic stay imposed pursuant to CPLR 5519(a)(1), pending hearing and determination of the appeal from the judgment, and for an expedited briefing schedule, which was determined by decision and order of this Court dated May 13, 2013.
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, in effect, for leave to reargue is granted, and upon reargument, the decision and order on motion of this Court dated May 13, 2013, is recalled and vacated, and the following decision and order on motion is substituted therefor, and the motion is otherwise denied as academic:
Motion by the respondent pursuant to 5519(c) to vacate an automatic stay imposed pursuant to CPLR 5519(a)(1), pending hearing and determination of an appeal from a judgment of the Supreme Court, Westchester County, entered April 5, 2013, and for an expedited briefing schedule.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 vacate the automatic stay imposed pursuant to CPLR 5519(a)(1) is denied on condition that the appellant perfect the appeal on or before July 15, 2013; and it is further,
ORDERED that if the appeal is not perfected by July 15, 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; and it is further,
ORDERED that the branch of the motion which is for an expedited briefing schedule is granted; and it is further,
ORDERED that the respondent shall serve and file its brief on or before August 20, 2013, and the appellants shall serve and file their reply brief, if any, on or before September 5, 2013.
RIVERA, J.P., HALL, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court