| Town of Hempstead v 2686 Hempstead Turnpike, LLC |
| Motion No: 2011-09250 |
| Slip Opinion No: 2012 NY Slip Op 71025(U) |
| Decided on April 23, 2012 |
| 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
M136688
E/sl
REINALDO E. RIVERA, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2011-09250 Town of Hempstead, respondent, v 2686 Hempstead Turnpike, LLC, et al., appellants. (Matter No. 1) In the Matter of 2686 Hempstead Turnpike, LLC, et al., appellants, v David P. Weiss, etc., et al., respondents. (Matter No. 2) (Index Nos. 14292/11, 12490/11)
| DECISION & ORDER ON MOTION |
Motion by 2686 Hempstead Turnpike, LLC, and Belle's Party Place, Ltd., for leave to appeal to this Court from an order to show cause of the Supreme Court, Nassau County, entered October 6, 2011, and, in effect, to stay enforcement of a temporary restraining order contained in the order show cause, 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 on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
RIVERA, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court