| Matter of Town of Montauk, Inc. v Pataki |
| Motion No: 2005-10912 |
| Slip Opinion No: 2006 NYSlipOp 76712(U) |
| Decided on September 27, 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. |
Appellate Division: Second Judicial Department
M45058
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-10912 In the Matter of Town of Montauk, Inc., appellant, v George E. Pataki, etc., et al., respondents. (Index No. 27553-04)
| DECISION & ORDER ON MOTION |
Motion by the respondent Town of East Hampton, s/h/a Town Board Gov't of Town of East Hampton on an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2005, to impose sanctions upon the appellant and/or its attorney, and Robert A. Ficalora in the form of an award of costs and an attorney's fee for pursuing a frivolous appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition and relation thereto, it is
ORDERED that the motion is held in abeyance and referred to the bench hearing the appeal for determination upon the argument or submission of the appeal.
MILLER, J.P., RITTER, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court