New York Telephone Company v Supervisor of Town of

New York Telephone Company v Supervisor of Town of

Motion No: 2006-05872

Slip Opinion No: 2006 NYSlipOp 72049(U)

Decided on July 14, 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

M42097

O/sl

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-05872
New York Telephone Company, respondent,
v Supervisor of Town of North Hempstead,
et al., appellants
(and other actions).
(Index No. 12192/98)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered April 13, 2006, to confirm that an automatic stay pursuant to CPLR 5519(a) is in effect or, in the alternative, for a discretionary stay pursuant to CPLR 5519(c).

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed without costs or disbursements on the ground that the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701); and it is further,

ORDERED that the motion is denied as academic.

SCHMIDT, J.P., MASTRO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court