Matter of Blum & Bellino, Inc. v Town of Greenburgh
Motion No: 2008-07424
Slip Opinion No: 2008 NYSlipOp 81720(U)
Decided on September 4, 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

M75196

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2008-07424

In the Matter of Blum & Bellino, Inc., et al.,

appellants, v Town of Greenburgh, et al.,

respondents.

(Index No. 08-8446)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, entered July 28, 2008, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 6, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 6, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

FISHER, J.P., BALKIN, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court