Matter of Ahmed v Town of Oyster Bay
Motion No: 2012-08693
Slip Opinion No: 2012 NY Slip Op 86635(U)
Decided on October 4, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M144503

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2012-08693

In the Matter of Tarik Ahmed, et al., respondents,

v Town of Oyster Bay, et al., appellants.

(Index No. 10507/12)

DECISION & ORDER ON MOTION

Motion by Town of Oyster Bay and Frank Ippolito for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated September 13, 2012, and, inter alia, to stay enforcement of the order pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated September 13, 2012, is granted, and enforcement of the order is stayed pending either hearing and determination of the appeal or determination of the underlying proceeding pursuant to CPLR article 78 by the Supreme Court, Nassau County, whichever occurs first; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court