| Rocky Point Drive-In, L.P. v Town of Brookhaven |
| Motion No: 2010-01714 |
| Slip Opinion No: 2010 NY Slip Op 72472(U) |
| Decided on May 26, 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
M103475
E/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2010-01714 Rocky Point Drive-In, L.P., respondent, v Town of Brookhaven, appellant. (Index No. 30047-02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to vacate any automatic stay that may be in effect pursuant to CPLR 5519(a), with respect to the declaratory relief granted in a judgment of the Supreme Court, Suffolk County, entered January 22, 2010, pending hearing and determination of an appeal from the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary as no automatic stay exists (see Matter of Pokoik v Department of Health Servs., County of Suffolk, 220 AD2d 13).
MASTRO, J.P., COVELLO, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court