| City of New York v Adele Schmitt, John Schmitt & Adam Schmitt, d/b/a Channel Mar. Sales Suzucki & Schmitt's Mar. & Adam Schmitt d/b/a Adams Fishing Sta., Channel Mar. Sales, Inc. |
| Motion No: 2005-00039 qc 07-05-2006 |
| Slip Opinion No: 2006 NYSlipOp 74832(U) |
| Decided on August 17, 2006 |
| Appellate Term, 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE CITY OF NEW YORK, Appellant, -against- ADELE SCHMITT, JOHN SCHMITT AND ADAM SCHMITT, d/b/a CHANNEL MARINE SALES SUZUCKI AND SCHMITT'S MARINA AND ADAM SCHMITT d/b/a ADAMS FISHING STATION, CHANNEL MARINE SALES, INC., Respondents. -------------------------------------------------------------------------------------------x THE CITY OF NEW YORK, Appellant, -against- ADELE SCHMITT, JOHN SCHMITT AND ADAM SCHMITT, d/b/a CHANNEL MARINE SALES SUZUCKI AND SCHMITT'S MARINA AND ADAM SCHMITT d/b/a ADAMS FISHING STATION, CHANNEL MARINE SALES, INC., Respondents. |
DECISION
That branch of the motion by respondents for leave to appeal to the Appellate Division, Second Department, granted.
That branch of the motion seeking a stay pending determination of the appeal denied without prejudice to respondents seeking such relief, if they be so advised, from the Appellate Division.
Rios, J., taking no part.
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Presiding Justice, Appellate Term
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Associate Justice, Appellate Term