Wesleyan Church v Bethesda Wesleyan Church of Hunt
Motion No: 2009-03387
Slip Opinion No: 2009 NY Slip Op 70818(U)
Decided on April 29, 2009
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

M85927

E/cb

ROBERT A. SPOLZINO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2009-03387

Wesleyan Church, et al., plaintiffs,

v Bethesda Wesleyan Church of Huntington Station,

Inc., et al., defendants.

(Index No. 2963/05)

DECISION & ORDER ON MOTION

Motion by the defendants for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated April 8, 2009, and, in effect, inter alia, to enjoin the plaintiffs from hindering their access to the subject property 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.

SPOLZINO, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court