Giunta v AG Towers, Inc.
Motion No: 2013-06861
Slip Opinion No: 2013 NY Slip Op 80255(U)
Decided on July 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M159607

E/sl

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2013-06861

Giovanna Giunta, etc., et al., appellants,

v AG Towers, Inc., et al., respondents.

(Index No. 12-10004)

DECISION & ORDER ON MOTION

Motion by Giovanna Giunta and Incorporated Village of Manorhaven for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated June 6, 2013, and to enjoin the operation of a certain wireless telecommunications monopole, 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 on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

ANGIOLILLO, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court