ADC Contracting & Construction, Inc. v Town of Southam
Motion No: 2006-03527
Slip Opinion No: 2007 NYSlipOp 73457(U)
Decided on July 11, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M57025

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-03527

ADC Contracting & Construction, Inc., appellant,

v Town of Southampton, respondent.

(Index No. 31308-02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Suffolk County, entered March 17, 2006, to vacate an order of the same court dated June 12, 2007, which, inter alia, stayed enforcement of the judgment, and to reinstate a certain restraining notice.

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

ORDERED that the motion is denied.

MILLER, J.P., SCHMIDT, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court