| Sheehan v Town of Riverhead Water District |
| Motion No: 2009-08038 |
| Slip Opinion No: 2009 NY Slip Op 84040(U) |
| Decided on September 24, 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. |
Appellate Division: Second Judicial Department
M92324
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2009-08038 Kevin Sheehan, respondent, v Town of Riverhead Water District, appellant, et al., defendants. (Index No. 12303-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated August 19, 2009, to stay enforcement of a judgment of the same court entered March 17, 2009, and to lift the restraining notices levied against the appellant's accounts at the Suffolk County National Bank, pending hearing and determination of the appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of the judgment entered March 17, 2009, is stayed and the restraining notices levied against the appellant's account at the Suffolk County National Bank are lifted, pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 26, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 26, 2009, the court, on its own motion, may vacate this order, or the respondent may move to vacate this order, on three days notice.
RIVERA, J.P., FLORIO, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court