| Incorporated Village of Patchogue v Aquacil, LLC, d/b/a |
| Motion No: 2008-07253 |
| Slip Opinion No: 2008 NYSlipOp 81236(U) |
| Decided on August 27, 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
M75072
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2008-07253 Incorporated Village of Patchogue, plaintiff, v Aquacil, LLC, d/b/a Off Key Tiki, et al., defendants. (Index No. 28726-08)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated July 31, 2008, and, inter alia, in effect, to enjoin the defendants from serving more than 66 patrons at the subject "bar/restaurant" 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.
MASTRO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court