Town of Dover Town Board v Cascino
Motion No: 2006-05332
Slip Opinion No: 2007 NYSlipOp 79015(U)
Decided on September 25, 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

M60155

E/nl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-05332

Town of Dover Town Board, appellant, v

Salvatore Cascino, etc., et al., respondents.

(Index No. 1619/06)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court dated June 26, 2007, which determined an appeal from an order of the Supreme Court, Dutchess County, dated May 23, 2006. Separate motion by the respondents to stay enforcement of the decision and order of this court dated June 26, 2007, pending hearing and determination of the appeal to the Court of Appeals.

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

ORDERED that the motion for leave to appeal is denied; and it is further,

ORDERED that the motion to stay enforcement of the decision and order dated June 26, 2007, is denied as academic.

MILLER, J.P., GOLDSTEIN, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court