| IN THE MATTER OF FRIENDS OF OATKA PARK AND SUSAN FERRARI ROWLEY V COUNTY OF MONROE |
| Motion No: CA 09-02433 |
| Slip Opinion No: 2009 NY Slip Op 90796(U) |
| Decided on December 8, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-02433
| IN THE MATTER OF FRIENDS OF OATKA PARK AND SUSAN FERRARI ROWLEY,
PETITIONERS-APPELLANTS, V COUNTY OF MONROE, RESPONDENT-APPELLANT. |
Appellants have moved for preliminary injunctive relief pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 19, 2009,
Now, upon reading and filing the affidavit of Ronald G. Hull sworn to November 25, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Sean T. Hanna dated November 25, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and defendant is hereby enjoined from continuing with the construction of soccer fields in Oatka Creek Park pending the hearing and determination of the appeal taken herein, on the condition that appellants perfect the appeal and give an undertaking in the amount of $5,000 pursuant to CPLR 6312 (b) on or before January 25, 2010, in which event,
It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing April 5, 2010.
Entered: December 8, 2009
Patricia L. Morgan, Clerk