Matter of Ridge Transport Systems, Inc. v City of New York
Motion No: 2010-03050
Slip Opinion No: 2010 NY Slip Op 68811(U)
Decided on April 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M101549

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2010-03050

In the Matter of Ridge Transport Systems,

Inc., petitioner-respondent, v City of New

York, et al., appellants, et al., respondents.

(Index No. 5617/10)

DECISION & ORDER ON MOTION

Motion by the City of New York and Raymond W. Kelly, in effect, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 7, 2010, and to stay enforcement of the order pending hearing and determination of the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the order dated April 7, 2010, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 19, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 19, 2010, the court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., FISHER, FLORIO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court