Kennedy v Suffolk County
Motion No: 2018-11299
Slip Opinion No: 2018 NY Slip Op 87361(U)
Decided on October 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M256943

E/afa

WILLIAM F. MASTRO, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2018-11299

John M. Kennedy Jr., etc., respondent,

v Suffolk County, et al., appellants.

(Index No. 604808/18)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a preliminary injunction contained in an order of the Supreme Court, Suffolk County, dated September 20, 2018, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and enforcement of the preliminary injunction contained in the order of the Supreme Court, Suffolk County, dated September 20, 2018, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 29, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 29, 2018, 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.

MASTRO, J.P., SGROI, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court