| Dover Gourmet Corporation v Nassau Health Care Corpor |
| Motion No: 2010-12133 |
| Slip Opinion No: 2011 NY Slip Op 62257(U) |
| Decided on January 25, 2011 |
| 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
M114454
E/sl
A. GAIL PRUDENTI, P.J.
REINALDO E. RIVERA
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2010-12133 Dover Gourmet Corporation, appellant, v Nassau Health Care Corporation, etc., respondent. (Index No. 20706/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the award of any contract based on a Request for Proposals dated September 3, 2010, and/or the termination of a Concessionaire License Agreement dated October 30, 2001, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered November 29, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the award of any contract based on the Request for Proposals dated September 3, 2010, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 23, 2011, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 23, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
PRUDENTI, P.J., RIVERA, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court