Matter of Giove Company, Inc. v Town of Oyster Bay
Motion No: 2017-07907
Slip Opinion No: 2017 NY Slip Op 86639(U)
Decided on September 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M238011

E/sl

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2017-07907

In the Matter of Giove Company, Inc., petitioner,

v Town of Oyster Bay, et al., respondents.

(Index No. 3184/17)

DECISION & ORDER ON MOTION

Motion by Giove Company, Inc., for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated July 31, 2017, and to enjoin the respondents from awarding a contract under the subject bid proposal, 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.

LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court