| IN THE MATTER OF ANN MEYER AND 1262 CULVER AVENUE REALTY, LLC V ZONING BOARD OF APPEALS OF CITY OF UTICA, STEWART'S |
| Motion No: CA 15-00871 |
| Slip Opinion No: 2015 NY Slip Op 78528(U) |
| Decided on June 23, 2015 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00871
| IN THE MATTER OF ANN MEYER AND 1262 CULVER AVENUE REALTY, LLC,
PETITIONERS-APPELLANTS, V ZONING BOARD OF APPEALS OF CITY OF UTICA, STEWART'S SHOPS CORP., CARLTON J. BURTH AND JAMES
STASAITIS, RESPONDENTS-RESPONDENTS. |
Appellants having moved, pursuant to CPLR 5518, for a preliminary injunction and for a stay pending the hearing and determination of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 12, 2015,Now, upon reading and filing the affidavits of Reuben Ortenberg, Esq., sworn to May 19, 2015, and June 5, 2015, the notice of motion with proof of service thereof, the affidavit of Leah Everhart, Esq., sworn to June 1, 2015, the affidavit of Charles Marshall sworn to May 29, 2015, the affidavit of Vincent J. Rossi, Jr., Esq., sworn to May 27, 2015, the affidavit of Carlton J. Burth sworn to May 30, 2015, the affidavit of Laura R. Campion, Esq., sworn to June 4, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 23, 2015
Frances E. Cafarell, Clerk