| Biz of Westchester Corp. v City of Yonkers |
| Motion No: 2011-08071 |
| Slip Opinion No: 2011 NY Slip Op 86160(U) |
| Decided on October 11, 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
M127083
E/ct
DANIEL D. ANGIOLILLO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2011-08071 Biz of Westchester Corp., plaintiff, v City of Yonkers, et al., defendants. (Index No. 13287/11)
| DECISION & ORDER ON MOTION |
Motion by the City of Yonkers, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated August 10, 2011, and, in effect, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a) staying enforcement of a temporary restraining order contained in the order dated August 10, 2011, pending hearing and determination of the appeal.
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 leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court