| Matter of City Council of Mount Vernon v City of Mount Vernon |
| Motion No: 2018-08927 |
| Slip Opinion No: 2018 NY Slip Op 80956(U) |
| Decided on August 21, 2018 |
| 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
M254337
E/mm
MARK C. DILLON, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY, JJ.
|
2018-08927 In the Matter of City Council of Mount Vernon, et al., petitioners-respondents, v City of Mount Vernon, et al., appellants, et al., respondent. (Index No. 59081/18)
| DECISION & ORDER ON MOTION |
Motion by City of Mount Vernon and Richard Thomas, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated June 8, 2018, and to stay the petitioners-respondents from preventing them from taking certain actions with respect a public park known as Memorial Field, 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 on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court