Matter of County of Nassau v State of New York
Motion No: 2010-08484
Slip Opinion No: 2010 NY Slip Op 84387(U)
Decided on October 7, 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

M109319

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2010-08484

In the Matter of County of Nassau, et al.,

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

appellants.

(Index No. 5821/10)

DECISION & ORDER ON MOTION

Motion by the respondents to vacate an automatic stay which is pursuant to CPLR 5019(a) pending hearing and determination of an appeal from stated portions of an order of the Supreme Court, Nassau County, dated July 21, 2010, and for a preference in the hearing of the motion.

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 a preference in the hearing of the motion is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is to vacate the automatic stay is denied.

PRUDENTI, P.J., MASTRO, RIVERA and SKELOS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court