| Matter of Town of Putnam Valley v Cabot |
| Motion No: 2007-02807 |
| Slip Opinion No: 2007 NYSlipOp 67534(U) |
| Decided on April 17, 2007 |
| 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
M53274
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2007-02807 In the Matter of Town of Putnam Valley, et al., respondents, v Thomas Cabot, et al., defendants, Alexander Kaspar, appellant. (Index No. 627/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Putnam County, dated March 5, 2007, in effect, to stay enforcement of so much of the order as granted the petitioner a preliminary injunction, pending hearing and determination 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 granted and enforcement of so much of the order dated March 5, 2007, as granted the petitioner a preliminary injunction is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 16, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 16, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
RIVERA, J.P., FLORIO, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court