Matter of Rocco Agostino Landscape and General Contractor
Motion No: 2008-02782
Slip Opinion No: 2008 NYSlipOp 68939(U)
Decided on April 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M68900

E/sl

STEVEN W. FISHER, J.P.

DAVID S. RITTER

ANITA R. FLORIO

EDWARD D. CARNI, JJ.

2008-02782

In the Matter of Rocco Agostino Landscape

and General Contractor Corp., petitioner,

v Mary F. Pazan, etc., et al., respondents.

(Index No. 7216/08)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 20, 2008, and to enjoin the respondents from awarding, registering, executing a contract, or proceeding with work concerning certain tree planting in Community Boards 1 through 9 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 denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

FISHER, J.P., RITTER, FLORIO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court