Appellate Division: Second Judicial Department

M143284

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2012-07982 In the Matter of Patricia Cabram, petitioner, v Mark A. Bonilla, etc., et al., respondents. (Index No. 10953/12)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated August 28, 2012, and to stay the respondents from passing a resolution for a referendum on dissolution of Sanitary District No. 2, pending hearing and determination of the appeal. Separate motion by Laura K. Mallay, Long Island Progressive Coalition, Inc., Residents for Efficient Special Districts, Inc., and William T. Biamonte for leave to intervene and be heard in opposition to the petitioner's motion, and to vacate a temporary restraining order contained in an order to show cause of this Court dated August 29, 2012, which stayed the respondents from passing a resolution for a referendum on dissolution of Sanitary District No. 2, pending hearing and determination of the petitioner's motion.

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

ORDERED that the branch of the petitioner's motion which is for leave to appeal is denied; and it is further,

ORDERED that the petitioner's motion is otherwise denied as academic; and it is further,

ORDERED that the separate motion by Laura K. Mallay, among others, is denied as academic.

DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court