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Ogden Land Dev., LLC v. Zoning Bd. of Appeals of Vill. of Scarsdale

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 14, 2013
2013 N.Y. Slip Op. 76951 (N.Y. App. Div. 2013)

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


Summaries of

Ogden Land Dev., LLC v. Zoning Bd. of Appeals of Vill. of Scarsdale

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 14, 2013
2013 N.Y. Slip Op. 76951 (N.Y. App. Div. 2013)
Case details for

Ogden Land Dev., LLC v. Zoning Bd. of Appeals of Vill. of Scarsdale

Case Details

Full title:In the Matter of Ogden Land Development, LLC, respondent, v. Zoning Board…

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

Date published: Jun 14, 2013

Citations

2013 N.Y. Slip Op. 76951 (N.Y. App. Div. 2013)