Matter of Health Insurance Plan of Greater New York v Boar

Matter of Health Insurance Plan of Greater New York v Boar

Motion No: 2011-01012

Slip Opinion No: 2011 NY Slip Op 68404(U)

Decided on March 30, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M117855

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2011-01012
In the Matter of Health Insurance Plan of
Greater New York, respondent, v Board of
Assessors of Town of Babylon, et al., appellants.
(Index Nos. 15303-06, 34817-06, 30704-08,
3126-09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated December 3, 2010, on the ground that the "appeal is patently devoid of merit," to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1), or for a preference in the calendaring of the appeal, and for an award of costs and disbursements.

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 calendaring of the appeal is denied as unnecessary (see RPTL 700[3]); and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court