| Matter of Joy Builders, Inc. v Town of Clarkstown |
| Motion No: 2007-07023 |
| Slip Opinion No: 2007 NYSlipOp 76020(U) |
| Decided on August 16, 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
M58674
S/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
DANIEL D. ANGIOLILLO, JJ.
|
2007-07023 In the Matter of Joy Builders, Inc., et al., appellants-respondents, v Town of Clarkstown, et al., respondents-appellants. (Index No. 06-9137)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Rockland County, dated July 17, 2007, inter alia, to compel the respondents-appellants to allow them to satisfy a condition contained in a resolution of the respondents-appellants dated October 6, 2006, by posting a letter of credit in the sum of $556,325 with the Town of Clarkstown instead of paying cash, or, in the alternative to allow it to satisfy the condition under protest, and to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
We note that satisfaction of the condition does not bar the appellants-respondents from raising the validity of the condition on the appeal.
GOLDSTEIN, J.P., SKELOS, FISHER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court