| IN THE MATTER OF THE ACQUISITION BY THE COUNTY OF JEFFERSON THROUGH EMINENT DOMAIN OF PORTIONS OF CERTAIN REAL PROPERTY |
| Motion No: CA 15-01631 |
| Slip Opinion No: 2015 NY Slip Op 88326(U) |
| Decided on October 20, 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 LINDLEY, JJ.
DOCKET NO. CA 15-01631
82.00-3-6.2 OWNED BY ROSCOE A. EISENHAUER, JR.,
| IN THE MATTER OF THE ACQUISITION BY THE COUNTY OF JEFFERSON,
PETITIONER-RESPONDENT, THROUGH EMINENT DOMAIN OF PORTIONS OF CERTAIN REAL PROPERTY LOCATED IN THE TOWN OF HOUNSFIELD, COUNTY OF
JEFFERSON, IDENTIFIED BY THE FOLLOWING TAX PARCEL NUMBER, V RESPONDENT-APPELLANT, ET AL.,
RESPONDENTS. |
Appellant having moved, pursuant to CPLR 5519, for a stay to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on April 17, 2015, pending the hearing and determination of the appeal taken herein, or, in the alternative, for a preliminary injunction pursuant to CPLR 5518 and 6301, and having moved for permission to take the full nine months to perfect the appeal,
Now, upon reading and filing the affidavit of Roscoe A. Eisenhauer, Jr., Esq., sworn to September 25, 2015, the notice of motion with proof of service thereof, and the affidavit of Julie B. Modesti, Esq., sworn to October 8, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay or, in the alternative, for a preliminary injunction is denied, and
It is further ORDERED that the motion insofar as it seeks permission to take the full nine months to perfect the appeal is dismissed as unnecessary.
Entered: October 20, 2015
Frances E. Cafarell, Clerk