County of Westchester v United Water New Rochelle
Motion No: 2005-00803 +1
Slip Opinion No: 2006 NYSlipOp 76829(U)
Decided on September 29, 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

M45259

Y/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-00803, 005-01138

County of Westchester, respondent, v

United Water New Rochelle, appellant.

(Index No. 18593/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement a decision of the Supreme Court, Westchester County, entered December 22, 2004 and an order of the same court dated January 12 2005, respectively, pending hearing and determination of appeals therefrom.

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

ORDERED that the motion is denied as academic in light of the determination of the appeals (see County of Westchester v United Water New Rochelle, AD3d [2d Dept, Sept. 26, 2006]).

SCHMIDT, J.P., KRAUSMAN, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court