| Matter of AAA Carting and Rubbish Removal, Inc. v Town o |
| Motion No: 2009-11627 |
| Slip Opinion No: 2010 NY Slip Op 60504(U) |
| Decided on January 11, 2010 |
| 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
M97119
T/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-11627, 2009-11628 In the Matter of AAA Carting and Rubbish Removal, Inc., respondent, v Town of Southeast, et al., appellants. (Index No. 3197/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant Sani-Pro Disposal Services Corp., d/b/a Suburban Carting, in effect, to stay enforcement of two orders of the Supreme Court, Putnam County, both dated December 1, 2009, pending hearing and determination of appeals therefrom, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted, and enforcement of the orders is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before February 8, 2010; and it is further,
ORDERED that in the event the appeals are not perfected on or before February 8, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the appeals shall be calendared when fully perfected.
FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court