Town of Islip v Modica Associates of NY 122 LLC
Motion No: 2006-05952
Slip Opinion No: 2006 NYSlipOp 71485(U)
Decided on June 30, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M41697

S/cf

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-05952

Town of Islip, appellant, v Modica Associates

of NY 122 LLC, et al., respondents.

(Index No. 015650/06)

DECISION & ORDER ON MOTION

Motion by the appellant to enjoin the defendants, their agents, servants, and employees, and all persons acting on their behalf, inter alia, from docking the vessel "Southern Elegance" at the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 19, 2006.

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

ORDERED that the motion is denied.

RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court