Rural Cmty. Coal. Inc. v. Vill. of Bloomingburg, Motion No: 518404

• Decision Date: 27 March 2014
• Docket Number: Motion No: 518404
• Citation: 2014 NY Slip Op 67765
• Parties: RURAL COMMUNITY COALITION, INC., et al., Respondents, v. VILLAGE OF BLOOMINGBURG et al., Defendants, and TOWN OF MAMAKATING et al., Respondents, v. SHALOM LAMM et al., Appellants.
• Court: New York Supreme Court — Appellate Division

2014 NY Slip Op 67765

RURAL COMMUNITY COALITION, INC., et al., Respondents,

v. VILLAGE OF BLOOMINGBURG et al., Defendants,andTOWN OF MAMAKATING et al., Respondents,

v.SHALOM LAMM et al., Appellants.

Motion No: 518404

Appellate Division of the Supreme Court of the State of New York

Decided on March 27, 2014

DECISION AND ORDER ON MOTION

Motion to vacate, limit and/or modify order and for stay pending appeal.

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

ORDERED that the motion is granted, without costs, only to the extent that the order of Supreme Court, dated February 10, 2014, is stayed as to the 12 framed buildings and site work directly related to those 12 buildings, and it is further

ORDERED that, during the pendency of the appeal, no certificates of occupancy shall be issued for the newly constructed buildings, none of the buildings may be occupied and title to the buildings shall not be transferred, and it is further

ORDERED that the appeal is set down for the April 2014 term of this Court. Appellants shall file and serve by personal delivery or overnight mail the record on appeal and their brief on or before April 7, 2014. The responding briefs shall be filed and served by personal delivery or overnight mail on or before April 18, 2014. The reply brief, if any, shall be filed and served by personal delivery or overnight mail on or before April 23, 2014.

PETERS, P.J., STEIN, McCARTHY and EGAN JR., JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court