Matter of Cunningham v City of New York
Motion No: 2016-10876
Slip Opinion No: 2016 NY Slip Op 90205(U)
Decided on November 1, 2016
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M220709

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2016-10876

In the Matter of Robert W. Cunningham,

et al., petitioners, v City of New York,

et al., respondents.

(Index No. 6075/16)

DECISION & ORDER ON MOTION

Motion by the petitioners for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated October 14, 2016, and to stay enforcement of a certain emergency declaration concerning the subject premises, pending hearing and determination of the 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; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court