| Matter of Simmons v Astorino |
| Motion No: 2010-08634 |
| Slip Opinion No: 2010 NY Slip Op 82735(U) |
| Decided on September 20, 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
M108537
P/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2010-08634 In the Matter of Nakia Simmons, et al., petitioners-respondents, v Robert Astorino, respondent-appellant. (Index No. 10-20807)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated September 2, 2010, to stay enforcement of the order pending the hearing and determination of the appeal, and for a preference in the calendaring 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 to this Court is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order is granted, and enforcement of the order is stayed, pending the hearing and determination of the appeal by this Court, or pending the determination by the Supreme Court, Westchester County, of the petitioners' motion for a preliminary injunction, whichever occurs first; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., FLORIO, ROMAN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court