Appellate Division: Second Judicial Department

M45286

A/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2006-07837 In the Matter of Robert Liere, etc., petitioner, v Denise M. Sheehan, etc., respondent. (Index No. 11121-06)

DECISION & ORDER ON MOTION

Motion by the respondent in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated July 24, 2006, to vacate so much of that order as, in effect, stayed enforcement of an order of the respondent Commissioner of the New York State Department of Environmental Conservation, dated April 17, 2006, pending hearing and determination of the proceeding, and cross motion by the petitioner to vacate that portion of the order dated July 24, 2006, which, in effect, required it to post a bond.

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

ORDERED that the motion is granted, and so much of the order dated July 24, 2006, as, in effect, stayed enforcement of the order of the respondent Commissioner of the New York State Department of Environmental Conservation, dated April 17, 2006, pending hearing and determination of the proceeding, is vacated; and it is further,

ORDERED that the cross motion is denied.

MILLER, J.P., RITTER, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court