| Trustees of Freeholders of Commonalty and Town of Sou |
| Motion No: 2010-05268 |
| Slip Opinion No: 2010 NY Slip Op 84964(U) |
| Decided on October 14, 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
M109550
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-05268
Trustees of Freeholders of Commonalty and Town of Southampton, et al., respondents, v Peter Grannis, etc., appellant. (Index No. 38761-09)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 3, 2010, or to stay all proceedings in the above-entitled action, pursuant to CPLR 5519(c), including discovery and the trial, pending hearing and determination of the appeal, and to vacate a certain preliminary injunction of the Supreme Court, Suffolk County.
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 to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1) is denied as no automatic stay is in effect; and it is further,
ORDERED that the motion is otherwise denied..
BALKIN, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court