In the Matter of Empire Air Specialties Inc. Petitioner v Empire State Development Corporation

Motion No: 523103

Slip Opinion No: 2016 NY Slip Op 81609(U)

Decided on July 29, 2016

Appellate Division, Third 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.

Decided and Entered: July 29, 2016523103

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In the Matter of EMPIRE AIR SPECIALTIES, INC.,                      
                                                       Petitioner,
           v                      DECISION AND ORDER
                      ON MOTION
EMPIRE STATE DEVELOPMENT CORPORATION,
                                                       Respondent.
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Motion, pursuant to CPLR 5704, to modify order to show cause.

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

ORDERED that the motion is granted, without costs, to the extent that so much of the order to show cause dated May 26, 2016, that enjoined respondent, during the pendency of petitioner's motion in Supreme Court for a preliminary injunction, from removing petitioner from its list/database of certified minority- and women-owned businesses and reinstated petitioner to respondent's certified minority- and women-owned businesses list/database is vacated.
McCarthy, J.P., Devine, Mulvey and Aarons, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court