Volunteer Fire Association of Tappan, Inc. v Count of Roc
Motion No: 2008-03049
Slip Opinion No: 2009 NY Slip Op 85694(U)
Decided on October 14, 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

M93026

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-03049

Volunteer Fire Association of Tappan, Inc.,

appellant, v County of Rockland, et al.,

respondents, et al., defendant.

(Index No. 07-10907)

DECISION & ORDER ON MOTION

Joint motion by the appellant and the respondents to vacate a decision and order of this court dated March 3, 2009, which reversed an order of the Supreme Court, Rockland County, dated April 1, 2008, granted the appellant's motion for a preliminary injunction, and remitted the matter to the Supreme Court, Rockland County, for further proceedings.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied without prejudice to seeking the same relief in the Supreme Court, Rockland County.

SKELOS, J.P., FISHER, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court