| IN THE MATTER OF MICHAEL J. MIMASSI V TOWN OF WHITESTOWN ZONING BOARD OF APPEALS AND CODES ENFORCEMENT OFFICER PHILIP |
| Motion No: CA 09-01199 |
| Slip Opinion No: 2009 NY Slip Op 75461(U) |
| Decided on June 16, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-01199
| IN THE MATTER OF MICHAEL J. MIMASSI, PETITIONER-APPELLANT, V
TOWN OF WHITESTOWN ZONING BOARD OF APPEALS AND CODES ENFORCEMENT OFFICER PHILIP HUSTED, ACTING IN HIS OFFICIAL CAPACITY,
RESPONDENTS-RESPONDENTS. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Robert G. Hurlbutt on June 8, 2009, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 2, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Leon R. Koziol sworn to May 28, 2009, said show cause order with proof of service thereof, the opposing affidavit of William P. Schmitt sworn to June 9, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and all proceedings to enforce the order entered April 2, 2009 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before August 14, 2009, in which event,
It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing October 19, 2009.
Entered: June 16, 2009
Patricia L. Morgan, Clerk