| BLF Associates, LLC v Town of Hempstead |
| Motion No: 2007-06330 |
| Slip Opinion No: 2008 NYSlipOp 66849(U) |
| Decided on March 19, 2008 |
| 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
M67812
S/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
EDWARD D. CARNI, JJ.
|
2007-06330 BLF Associates, LLC, respondent, v Town of Hempstead, et al., appellants. (Index No. 8342/06)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 14, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent for leave to reargue the appellants' motion to stay enforcement of an order of the Supreme Court, Nassau County, dated May 16, 2007, pending hearing and determination of an appeal therefrom, which was determined by decision and order on motion dated January 25, 2008, or in the alternative, for a preference in the calendaring 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.
SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court