Appellate Division: Second Judicial Department

M64607

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

THOMAS A. DICKERSON, JJ.

2007-10973 Volunteer Fire Association of Tappan, Inc., appellant, v County of Rockland, et al., respondents. (Index No. 07-10907)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Rockland County, dated November 29, 2007, and, inter alia, to enjoin the defendants from performing any work of any type pursuant to the subject reconstruction project along the plaintiff's property located at 123 Washington Street, Town of Washington, 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 branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to enjoin the defendants from performing any work of any type pursuant to the subject reconstruction project along the plaintiff's property located at 123 Washington Street, Town of Washington, is granted to the extent that the defendants are enjoined from performing any work of any type pursuant to the subject reconstruction project along the plaintiff's property located at 123 Washington Street, Town of Washington, pending either hearing and determination of the appeal or determination of the plaintiff's motion which was returnable before the Supreme Court, Rockland County, on December 7, 2007, whichever occurs first; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., FLORIO, MILLER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court