Cooper v. Town of Islip

*512In an action, inter alia, for a judgment declaring that certain property is a legal three-family dwelling, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Farneti, J.), dated August 15, 2007, as denied that branch of its cross motion which was to vacate a stay of the prosecution of an action entitled People v Cooper, now pending in the District Court, Suffolk County, Fifth District, under docket number ISTO 1942-06.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the…