Matter of Ignizio v City of New York
Motion No: 2010-08146
Slip Opinion No: 2010 NY Slip Op 81113(U)
Decided on August 30, 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

M107742

E/ct

FRED T. SANTUCCI, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2010-08146

In the Matter of Vincent M. Ignizio, etc.,

et al., respondents, v City of New York,

et al., appellants.

(Index No. 8014/10)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated August 16, 2010, and to stay enforcement of a temporary restraining order contained in the order, 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 enforcement of the temporary restraining order contained in the order dated August 16, 2010, which restrained and enjoined the appellants from extinguishing a variance granting access to free Yellow School Bus transportation to 7th and 8th grade students in Staten Island, is stayed pending hearing and determination of the appeal or final determination of the underlying proceeding, whichever occurs first.

SANTUCCI, J.P., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court