| NORTH TONAWANDA FIRST, BY KATHY KERN, PRESIDENT V CITY OF NORTH TONAWANDA, CITY OF NORTH TONAWANDA PLANNING COMMISSION |
| Motion No: CA 11-01704 |
| Slip Opinion No: 2011 NY Slip Op 70041(U) |
| Decided on April 14, 2011 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND MARTOCHE, JJ.
DOCKET NO. CA 11-01704
| NORTH TONAWANDA FIRST, BY KATHY KERN, PRESIDENT,
PETITIONER-APPELLANT, V CITY OF NORTH TONAWANDA, CITY OF NORTH TONAWANDA PLANNING COMMISSION, CITY OF NORTH TONAWANDA
COMMON COUNCIL, VENUE SYSTEMS, LLC, WAL-MART STORES, INC., PARK CENTRE DEVELOPMENT, INC., IRR SUPPLY CENTERS INC., WAL-MART
REAL ESTATE BUSINESS TRUST, AND WURLITZER PARK COMPLEX, LLC, RESPONDENTS-RESPONDENTS. |
Appellant and David J. Seeger, Esq. having moved for a stay of all proceedings to enforce the order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 7, 2011, pending the hearing and determination of the appeal taken herein, and for other relief,
Now, upon reading and filing the affirmation of Frank Housh, Esq. dated March 31, 2011, the affirmations of David J. Seeger, Esq. dated April 1, 2011, and April 8, 2011, the notices of motion with proof of service thereof, the affirmation of Shawn P. Nickerson, Esq. dated April 6, 2011, and the affirmation of Kenneth D. Friedman, Esq. dated April 7, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted to the extent that all proceedings to enforce the order of the Supreme Court entered March 7, 2011, are hereby stayed pending the hearing and determination of the appeal taken herein.
Entered: April 14, 2011
Patricia L. Morgan, Clerk