Opinion
2002-03476
August 12, 2002
Appeal by the Town of Huntington from an order of the Supreme Court, Suffolk County (Catterson, J.), dated April 1, 2002, which, sua sponte, struck the amended verified answers interposed by it in the above-entitled actions.
Berkman, Henoch, Peterson Peddy, P.C., Garden City, N.Y. (Peter Sullivan of counsel), for appellants.
Edward J. Ledogar, West Islip, N.Y. (Esseks, Hefter Angel [William W. Esseks] of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that on the court's own motion, the application by the Town of Huntington pursuant to CPLR 5704 is deemed a motion for leave to appeal to this court from the order dated April 1, 2002, and leave to appeal is granted (see, CPLR 5701[c]); and it is further,
ORDERED that the order dated April 1, 2002, is summarily reversed, without costs or disbursements, and the amended verified answers of the Town of Huntington in the above-entitled actions are reinstated.
By decision and order on motion of this court, dated March 21, 2002, in a related appeal bearing Appellate Division Docket No. 2002-01676, all proceedings in the above-entitled actions were stayed pending the hearing and determination of that appeal. On April 1, 2002, the Supreme Court issued the sua sponte order now appealed from. That order was made in violation of the stay of all proceedings contained in this court's decision and order dated March 21, 2002. Accordingly, the order is summarily reversed, and the answers are reinstated.
SANTUCCI, J.P., ALTMAN, TOWNES and CRANE, JJ., concur.