| Town of Brookhaven v Marcario |
| Motion No: 2014-07400 |
| Slip Opinion No: 2014 NY Slip Op 81720(U) |
| Decided on August 26, 2014 |
| 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
M179014
E/sl
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2014-07400 Town of Brookhaven, appellant, v Joseph Marcario, et al., respondents. (Index No. 26936/13)
| DECISION & ORDER ON MOTION |
Motion by Town of Brookhaven, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated July 31, 2014, and to stay the respondents from operating a facility to store and create mulch, wood chips, compost, and debris, 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.
MASTRO, J.P., CHAMBERS, MILLER, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court