Matter of DeCostello Carting, Inc. v McCormack
Motion No: 2007-06071
Slip Opinion No: 2007 NYSlipOp 73567(U)
Decided on July 12, 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

M57138

S/sl

STEPHEN G. CRANE, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-06071

In the Matter of DeCostello Carting, Inc.,

appellant, v Thomas McCormack, etc., et al.,

respondents.

(Index No. 9858/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, dated May 21, 2007, inter alia, to enjoin the respondents from suspending or preventing the petitioner from operating its trade waste removal business 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 denied.

CRANE, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court