| Town of Smithtown v KPE, II, LLC |
| Motion No: 2013-02338 |
| Slip Opinion No: 2013 NY Slip Op 67869(U) |
| Decided on March 20, 2013 |
| 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
M153303
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2013-02338 Town of Smithtown, plaintiff, v KPE, II, LLC, defendant. (Index No. 6144/13)
| DECISION & ORDER ON MOTION |
Motion by KPE, II, LLC, for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated March 4, 2013, and, in effect, 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.
SKELOS, J.P., BALKIN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court