Matter of Town of Babylon v New York State Department of

Matter of Town of Babylon v New York State Department of

Motion No: 2006-08842

Slip Opinion No: 2006 NYSlipOp 77640(U)

Decided on October 13, 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

M45667

T/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-08842
In the Matter of Town of Babylon, et al., appellants,
v New York State Department of Transportation,
et al., respondents, et al., defendants.
(Index No. 15248-06)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County dated September 7, 2006, to enjoin the defendants from clearing vegetation or otherwise preparing the subject site for construction pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

FLORIO, J.P., KRAUSMAN, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court