Matter of Rocco Agostino Landscape and General Contractor
Motion No: 2009-06667
Slip Opinion No: 2009 NY Slip Op 81830(U)
Decided on August 27, 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

M91322

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2009-06667

In the Matter of Rocco Agostino Landscape

and General Contractor Corp., petitioner,

v Mary F. Pazan, etc., et al., respondents.

(Index No. 15902/09)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Supreme Court, Queens County, dated July 20, 2009, and, inter alia, to enjoin the New York City Department of Parks and Recreation from awarding contracts CNYG 808M-PlaNYC, Q391-108M, and Q205A-108M, 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.

FISHER, J.P., DILLON, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court