| Matter of Montano v County Legislature of County of Suffolk |
| Motion No: 2008-04234 |
| Slip Opinion No: 2008 NYSlipOp 71994(U) |
| Decided on May 14, 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
M70468
E/sl
HOWARD MILLER, J.P.
MARK C. DILLON
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
|
2008-04234 In the Matter of Ricardo Montano, respondent, v County Legislature of County of Suffolk, et al., appellants. (Index No. 14330-08)
| DECISION & ORDER ON MOTION |
Motion by the County Legislature of County of Suffolk and William J. Lindsay for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated April 28, 2008, and to vacate, cancel, dismiss, and/or modify a so much of the order as restrained them from "taking any action with respect to I.R. 1105-2008," 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 vacate, cancel, dismiss, and/or modify the order dated April 28, 2008, is granted to the extent that enforcement of so much of the order dated April 28, 2008, as restrained the movants from "taking any action with respect to I.R. 1105-2008" is stayed pending hearing and determination of the appeal.
MILLER, J.P., DILLON, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court