| Matter of Independence Party State Committee of State |
| Motion No: 2008-04143 |
| Slip Opinion No: 2008 NYSlipOp 73149(U) |
| Decided on May 28, 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
M71055
E/cb
STEVEN W. FISHER, J.P.
EDWARD D. CARNI
WILLIAM E. McCARTHY
ARIEL E. BELEN, JJ.
|
2008-04143 In the Matter of Independence Party State Committee of State of New York, et al., petitioners, v Douglas Kellner, et al., respondents. (Index No. 23002/07)
| DECISION & ORDER ON MOTION |
Motion by the "Kapsis Respondents" for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated March 24, 2008, and, in effect, to stay enforcement of the temporary restraining order contained in the order dated March 24, 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 denied; and it is further,
ORDERED that the branch of the motion which is, in effect, to stay enforcement of the temporary restraining order is denied as academic.
FISHER, J.P., CARNI, McCARTHY and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court