Djoganopoulos v Polkes
Motion No: 2011-05658
Slip Opinion No: 2011 NY Slip Op 83997(U)
Decided on September 16, 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

M125897

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2011-05658

Nevin Djoganopoulos, et al., respondents,

v Jonathan D. Polkes, et al., appellants.

(Index No. 44406-08)

DECISION & ORDER ON MOTION

Motion by the appellants to enjoin the respondents from building a " roll-out' dune walkover," placing any other structure on the appellants' property, or disturbing the dune on the appellants' property, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 11, 2011.

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

ORDERED that the motion is granted, and the respondents are enjoined from building a " roll-out' dune walkover," placing any other structure on the appellants' property, or disturbing the dune on the appellants' property, pending hearing and determination of the appeal.

SKELOS, J.P., ENG, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court