| Old Brookville Policeman's Benevolent Association, Inc. |
| Motion No: 2011-04589 |
| Slip Opinion No: 2011 NY Slip Op 75813(U) |
| Decided on June 15, 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
M121614
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
ROBERT J. MILLER, JJ.
|
2011-04589 Old Brookville Policeman's Benevolent Association, Inc., plaintiff, v Incorporated Village of Muttontown, et al., defendants. (Index No. 7087/11)
| DECISION & ORDER ON MOTION |
Motion by the defendants for leave to appeal to this Court from an order to show cause of the Supreme Court, Nassau County, dated May 13, 2011, and to stay enforcement of a temporary restraining order in the order to show cause, pending hearing and determination of the appeal. Separate motion by the plaintiff to vacate so much of the order to show cause as directed it to post a bond in the sum of $200,000.
Upon the papers filed in support of the defendants' motion and the papers filed in opposition thereto, and upon the papers filed in support of the plaintiff's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions are denied; and it is further,
ORDERED that on the Court's own motion, the cross appeal purportedly taken as of right by the plaintiff is dismissed, without costs or disbursements, as no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal.
MASTRO, J.P., LEVENTHAL, BELEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court