| Matter of Green Materials of Westchester v Town of Cortland |
| Motion No: 2013-07002 |
| Slip Opinion No: 2013 NY Slip Op 89835(U) |
| Decided on October 29, 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
M164479
E/nl
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2013-07002 In the Matter of Green Materials of Westchester, et al., respondents, v Town of Cortlandt, et al., appellants. (Index No. 3240/12)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Westchester County, dated May 6, 2013, in effect, to confirm that the automatic stay provisions of CPLR 5519(a)(1) do not apply to the preliminary conference scheduled in a certain declaratory judgment action.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted.
ENG, P.J., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court