Village of Lindenhurst v County of Suffolk
Motion No: 2011-06639
Slip Opinion No: 2011 NY Slip Op 81533(U)
Decided on August 18, 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

M124688

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2011-06639

Village of Lindenhurst, plaintiff,

v County of Suffolk, defendant.

(Index No. 18552-11)

DECISION & ORDER ON MOTION

Motion by the plaintiff, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated July 18, 2011. Separate motion by the defendant for leave to appeal to this Court from the order dated July 18, 2011, in effect, to stay enforcement of so much of the order as prohibits it from incorporating certain language in its public works contracts for work performed within the plaintiff's geographical jurisdiction, pending hearing and determination of the appeal, and to remand the matter to the Supreme Court, Suffolk County, for further proceedings before a different Justice.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are for leave to appeal are denied; and it is further,

ORDERED that the motions are otherwise denied as academic.

RIVERA, J.P., ANGIOLILLO, DICKERSON, ENG and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court