Matter of CSB Contractors, Inc. v Village of Airmont, New Y
Motion No: 2015-03976
Slip Opinion No: 2015 NY Slip Op 78431(U)
Decided on July 7, 2015
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

M194981

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2015-03976

In the Matter of CSB Contractors, Inc., respondent,

v Village of Airmont, New York, appellant, et al.,

defendants.

(Index No. 2162/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, dated March 5, 2015, on the ground that no appeal lies from a temporary restraining order, or, in the alternative, for an expedited briefing schedule and a preference in the calendaring of the appeal. Cross motion by the appellant to determine the amount it is required to pay the respondent.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion and the cross motion are denied.

DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court