| Sheehan v Town of Riverhead Water District |
| Motion No: 2009-08038 |
| Slip Opinion No: 2009 NY Slip Op 87909(U) |
| Decided on November 5, 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
M94095
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 vacate a stay of enforcement of a judgment of the same court entered March 17, 2009, and to reinstate restraining notices levied against the appellant's accounts at the Suffolk County National Bank. By decision and order on motion of this court dated September 24, 2009, enforcement of the judgment was stayed and the restraining notices were lifted pending hearing and determination of the appeal on condition that the appeal was perfected by October 26, 2009.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the stay of enforcement of the judgment entered March 17, 2009, is vacated and the restraining notices levied against the appellant's account at the Suffolk County National Bank are reinstated.
RIVERA, J.P., FLORIO, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court