| Matter of Towers v Weiss |
| Motion No: 2013-08266 |
| Slip Opinion No: 2013 NY Slip Op 95319(U) |
| Decided on December 27, 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
M167418
E/sl
WILLIAM F. MASTRO, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2013-08266 In the Matter of Michael T. Towers, petitioner, v David P. Weiss, etc., et al., respondents. (Index No. 4323/13)
| DECISION & ORDER ON MOTION |
Motion by respondents Andrew J. Mihalick, Kathleen M. Mihalick, Robert Douglas, and Kristin Elizabeth Kelsch in a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Nassau County, dated August 7, 2013, to vacate a temporary restraining order contained in an order of the same court dated July 1, 2013, and for an expedited briefing schedule.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to vacate the temporary restraining order contained in the order of the Supreme Court, Nassau County, dated July 1, 2013, is granted, and the temporary restraining order is vacated; and it is further,
ORDERED that the branch of the motion which is for an expedited briefing schedule is denied as unnecessary as the appeal was perfected on December 19, 2013; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court