| Matter of Ahmed v Town of Oyster Bay |
| Motion No: 2012-08693 |
| Slip Opinion No: 2012 NY Slip Op 86876(U) |
| Decided on October 11, 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
M144773
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 |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated October 4, 2012, in the above-entitled matter, is recalled and vacated, and the following decision and order on motion is substituted therefor:
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 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.
RIVERA, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court