| Matter of Birch Tree Partners, LLC v Town of East Ham |
| Motion No: 2009-07910 |
| Slip Opinion No: 2009 NY Slip Op 85621(U) |
| Decided on October 13, 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
M93018
E/cb
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2009-07910 In the Matter of Birch Tree Partners, LLC, appellant, Town of East Hampton, et al., respondents. (Index No. 45135/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the respondent Windsor Digital Studio, LLC, from constructing a certain fence pending hearing and determination of an appeal from a judgment of the Supreme Court, Suffolk County, entered September 25, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from a transcript of the Supreme Court, Suffolk County, dated July 21, 2009, is deemed to be a premature notice of appeal from the judgment entered September 25, 2009 (see CPLR 5520[c]); and it is further,
ORDERED that the motion is denied.
SKELOS, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court