| 3707 BREWERTON RD., LLC, DOING BUSINESS AS BRICKHOUSE BILLIARDS BAR AND RESTAURANT - V ANDREW M CUOMO, IN HIS OFFICIAL |
| Motion No: CA 21-00138 |
| Slip Opinion No: 2021 NY Slip Op 62951(U) |
| Decided on March 8, 2021 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 21-00138
| 3707 BREWERTON RD., LLC, DOING BUSINESS AS BRICKHOUSE BILLIARDS BAR
AND RESTAURANT, ET AL., PLAINTIFFS-RESPONDENTS, V ANDREW M CUOMO, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF
NEW YORK, ATTORNEY GENERAL OF STATE OF NEW YORK, AND STATE OF NEW YORK,
DEFENDANTS-APPELLANTS. |
Appellants having moved, pursuant to CPLR 5519 (c), for a stay of all proceedings to enforce an order of the Supreme Court, Onondaga County, entered January 15, 2021, pending the hearing and determination of the appeal taken herein, and for any further relief the Court deems just and proper,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, pursuant to CPLR 5518, to the extent that the preliminary injunction set forth in the first two ordering paragraphs of the order entered January 15, 2021, is hereby vacated pending the hearing and determination of the appeal taken herein.
Entered: March 8, 2021
Mark W. Bennett
Clerk of the Court