| Roe v Board of Trustees Village of Bellport |
| Motion No: 2008-08545 |
| Slip Opinion No: 2008 NYSlipOp 87405(U) |
| Decided on October 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
M77668
E/cb
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2008-08545
John J. Roe III, etc., respondent, v Board of Trustees of Village of Bellport, et al., appellants.
(Index No. 27535/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to vacate any automatic stay which is in effect pursuant to CPLR 5519(a), pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 18, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary as no automatic stay exists (see State v Town of Haverstraw, 219 AD2d 64).
MASTRO, J.P., FISHER, DILLON and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court