| IN THE MATTER OF MERRY-GO-ROUND PLAYHOUSE, INC. V ASSESSOR OF CITY OF AUBURN, BOARD OF ASSESSMENT REVIEW OF CITY OF |
| Motion No: 268-13 |
| Slip Opinion No: 2013 NY Slip Op 78306(U) |
| Decided on June 7, 2013 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.
MOTION NO. 268-13
DOCKET NO. CA 12-01797
| IN THE MATTER OF MERRY-GO-ROUND PLAYHOUSE, INC.,
PETITIONER-APPELLANT, V ASSESSOR OF CITY OF AUBURN, BOARD OF ASSESSMENT REVIEW OF CITY OF AUBURN, AND CITY OF
AUBURN, RESPONDENTS-RESPONDENTS. |
Respondents having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 22, 2013, and having moved for a stay of enforcement of this Court's order pending the determination of this appeal by the Court of Appeals,
Now, upon reading and filing the affidavit of Andrew S. Fusco, Esq,. sworn to April 8, 2013, the notice of motion with proof of service thereof, and the affirmation of Charles H. Lynch, Esq., dated April 18, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks leave to appeal to the Court of Appeals is denied, and
It is further ORDERED that the motion insofar as it seeks a discretionary stay is denied.
Entered: June 7, 2013
Frances E. Cafarell, Clerk