Appellate Division: Second Judicial Department

M225363

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-12243 In the Matter of Michael Sullivan, respondent, v George Hoehmann, et al., appellants. (Index No. 1260/16)

DECISION & ORDER ON MOTION

Motion by George Hoehmann, Frank Borelli, Stephanie Hausner, John J. Noto, Adrienne D. Carey, Town of Clarkstown, and Town Board of Town of Clarkstown, inter alia, for leave to appeal to this Court from a temporary restraining order contained in an order to show cause of the Supreme Court, Rockland County, dated November 10, 2016, and to stay enforcement of the temporary restraining order, 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 to this Court from the temporary restraining order contained in the order to show cause dated November 10, 2016, is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the temporary restraining order contained in the order to show cause is granted, and enforcement of the temporary restraining order contained in the order to show cause dated November 10, 2016, is stayed pending hearing and determination of the appeal or determination by the Supreme Court, Rockland County, of the motion initiated by the order to show cause, whichever occurs first; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., AUSTIN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court