Town Board of Town of Southampton v 1104 North Sea
Motion No: 2008-05053
Slip Opinion No: 2008 NYSlipOp 74878(U)
Decided on June 12, 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

M71804

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2008-05053

Town Board of Town of Southampton, plaintiff,

v 1104 North Sea Co., Inc., et al., defendants.

(Index No. 12376-08)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from a decision of the Supreme Court, Suffolk County, dated April 24, 2008, and to stay enforcement of the decision 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.

RITTER, J.P., MILLER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court