| Town of Caroga v Joseph Herms. |
| Motion No: 505430 |
| Slip Opinion No: 2008 NYSlipOp 87337(U) |
| Decided on October 23, 2008 |
| Appellate Division, Third 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. |
Decided and Entered: October 23, 2008
Case #
505430
TOWN OF CAROGA, Respondent, v Appellant. | DECISION AND ORDER ON MOTION |
Motion for stay.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it
is
ORDERED that the motion is granted, without costs, and without prejudice to a motion to vacate the stay in the event the appeal is
not perfected on or before December 15, 2008. This stay is granted on the condition that the $100,000 surety bond be maintained pending
determination of the appeal.
CARPINELLO, J.P., ROSE, LAHTINEN, KANE and MALONE JR., JJ.,
concur.
ENTER:
Michael J. Novack
Clerk of the Court