Appellate Division: Second Judicial Department

M198557

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-08002, 2015-08004 In the Matter of YG Equities, LLC, petitioner- respondent, v Board of Zoning Appeals of Incorporated Village of Garden City, et al., respondents, 502 Old Country Road, LLC, appellant. (Appeal No. 1) In the Matter of YG Equities, LLC, appellant- respondent, v Board of Zoning Appeals of Incorporated Village of Garden City, et al., respondents, 502 Old Country Road, LLC, respondent-appellant. (Appeal No. 2) (Index No. 11286/14)

DECISION & ORDER ON MOTION

Motion by 502 Old Country Road, LLC, on an appeal and cross appeal from order of the Supreme Court, Nassau County, dated July 21, 2015 (Appellate Division Docket No. 2015-08004), and an appeal from an order of the same court dated August 18, 2015 (Appellate Division Docket No. 2015-08002), inter alia, (1) for leave to appeal to this Court from so much of the order dated July 21, 2015, as denied its cross motion for summary judgment and from the order dated August 18, 2015, and (2) pursuant to CPLR 5518 and 6314 to vacate a certain temporary restraining order and preliminary injunction or, in the alternative, to increase the amount of the undertaking as a condition of the injunction or modify the injunction, pending hearing and determination of the appeals and cross 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 as unnecessary (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to vacate the temporary restraining order is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court