| Rocky Point Drive-In, L.P. v Town of Brookhaven |
| Motion No: 2010-01714 |
| Slip Opinion No: 2010 NY Slip Op 79586(U) |
| Decided on August 13, 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
M107018
E/sl
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT, JJ.
|
2010-01714 Rocky Point Drive-In, L.P., respondent-appellant, v Town of Brookhaven, appellant-respondent. (Index No. 30047-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent, in effect, to hold in abeyance an appeal from a judgment of the Supreme Court, Suffolk County, entered January 22, 2010, pending determination by the Supreme Court, Suffolk County, of its motion to vacate the judgment, and to stay enforcement of the judgment 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 motion is granted; and it is further,
ORDERED that the parties shall notify the court expeditiously when the Supreme Court, Suffolk County, determines the appellant-respondent's motion to vacate the judgment; and it is further,
ORDERED that enforcement of the judgment is stayed pending hearing and determination of the appeal.
RIVERA, J.P., COVELLO, ANGIOLILLO and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court