McCarthy v County of Westchester
Motion No: 2010-06317
Slip Opinion No: 2010 NY Slip Op 77197(U)
Decided on July 16, 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

M105812

S/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-06317

James McCarthy, Jr., et al., plaintiffs,

v County of Westchester, etc., et al., defendants.

(Index No. 10-15897)

DECISION & ORDER ON MOTION

Motion by the defendants for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated June 28, 2010, and to stay enforcement of a temporary restraining order contained in the order dated June 28, 2010, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the branch of the motion which is for a stay is denied as academic.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court