| Matter of Bill's Towing Service, Inc. v County of Na |
| Motion No: 2010-09665 |
| Slip Opinion No: 2010 NY Slip Op 84972(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
M109525
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-09665 In the Matter of Bill's Towing Service, Inc., petitioner-respondent, v County of Nassau, respondent, C & R Automotive Inc., etc., appellant. (Index No. 8061/10)
| DECISION & ORDER ON MOTION |
Motion by C & R Automotive Inc., for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated September 1, 2010, to stay "all proceedings in this action" pending hearing and determination of the appeal, and pursuant to CPLR 5518 and CPLR 6312 to modify the temporary restraining order of the Supreme Court, Nassau County, dated April 26, 2010, by directing Bill's Towing Service, Inc., to post an undertaking.
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 is denied as unnecessary as the order dated September 1, 2010, in effect, determined the proceeding (see CPLR 5701, 7806; Inland Vale Farm Co. v Stergianopoulos, 65 NY2d 718); and it is further,
ORDERED that the branch of the motion which is for a stay is granted to the extent that enforcement of so much of the order as directed that the bidding process be reopened with respect to the zones for which Bill's Towing Service, Inc., and C & R Automotive Inc., submitted bids is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 15, 2010, and that branch of the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 15, 2010, the Court, on its own motion, may vacate the stay, or Bill's Towing Service, Inc., may move to vacate the stay, on three days notice; and it is further,
ORDERED that the branch of the motion which is pursuant to CPLR 5518 and CPLR 6312 to modify the temporary restraining order is denied.
BALKIN, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court