In the Matter of Historic Albany Foundation Inc. et v Nicholas A. Dilello as Building Commissioner of the City of Albany et

Motion No: 510661

Slip Opinion No: 2010 NY Slip Op 88366(U)

Decided on November 16, 2010

Appellate Division, Third 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.

Decided and Entered: November 16, 2010

Case # 510661

In the Matter of HISTORIC ALBANY FOUNDATION, INC., et al., Appellants, v NICHOLAS A. DiLELLO, as Building Commissioner of the City of Albany, et al., Respondents.

DECISION AND ORDER ON MOTION

Motion for preliminary injunction pending 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, without costs. The appeal is set down for the February 2011 term of this Court. Appellants shall serve by overnight mail and file the record on appeal and brief on or before December 10, 2010. Respondents shall serve by overnight mail and file their responding briefs on or before January 10, 2011. A reply brief, if any, shall be filed and served on or before January 20, 2011.
CARDONA, P.J., MERCURE, LAHTINEN, STEIN and GARRY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court