Appellate Division: Second Judicial Department

M218065

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2016-08935 In the Matter of Auctions International, Inc., petitioner-respondent, v County of Orange, et al., appellants, Absolute Auctions and Realty, Inc., respondent-respondent. (Index No. 33384/16)

DECISION & ORDER ON MOTION

Motion by County of Orange, James P. Burpoe, and Steven M. Neuhaus for leave to appeal to this Court from an order to show cause of the Supreme Court, Rockland County, dated August 22, 2016, and to vacate temporary restraining orders contained in the 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 branch of the motion which is for leave to appeal to this Court from the order to show cause dated August 22, 2016, is granted; and it is further,

ORDERED that the branch of the motion which is to vacate temporary restraining orders contained in the order to show cause dated August 22, 2016, is granted to the extent that enforcement of the temporary restraining orders contained in the order to show cause, which stayed the award of RFP-FIN02-06 and restrained the County of Orange, James P. Burpoe, and Steven M. Neuhaus from proceeding on that award is stayed either pending hearing and determination of the appeal or determination of the underlying proceeding that was commenced by the order to show cause, whichever occurs first, and that branch of the motion is otherwise denied.

RIVERA, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court