| Matter of Lindenwood Cut Rate Liquors, Ltd. v New York State Liquor Aut |
| Motion No: 2017-05813 |
| Slip Opinion No: 2017 NY Slip Op 83650(U) |
| Decided on August 23, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M236505
E/ct
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2017-05813 In the Matter of Lindenwood Cut Rate Liquors, Ltd., appellant, v New York State Liquor Authority, respondent. (Index No. 12150/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an amended order of the New York State Liquor Authority dated June 1, 2017, in a proceeding under Case No. 101177, pending hearing and determination of an appeal from a judgment of the Supreme Court, Queens County, dated March 1, 2017, in the above-entitled proceeding.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of the amended order of the New York State Liquor Authority dated June 1, 2017, in a proceeding under Case No. 101177, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 25, 2017, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 25, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
DILLON, J.P., HINDS-RADIX, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court