| Matter of Hyatt v State of California Franchise Tax Board |
| Motion No: 2011-06859 |
| Slip Opinion No: 2012 NY Slip Op 86884(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
M144772
E/sl
RANDALL T. ENG, P.J.
RUTH C. BALKIN
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2011-06859 In the Matter of Gilbert P. Hyatt, appellant- respondent, v State of California Franchise Tax Board, respondent-appellant. (Index No. 52961/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated July 27, 2011, inter alia, to stay enforcement of the order and stay the respondent-appellant from, in effect, filing with the California State Board of Equalization documents obtained pursuant to the order, pending hearing and determination of the appeal and cross 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 to stay the respondent-appellant from, in effect, filing with the California State Board of Equalization documents obtained pursuant to the order dated July 27, 2011, is granted and the respondent-appellant is stayed from filing with the California State Board of Equalization documents obtained pursuant to the order, pending hearing and determination of the appeal and cross appeal; and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., BALKIN, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court