Town of Brookhaven v Delea Sod Farms, Inc.
Motion No: 2021-04066
Slip Opinion No: 2021 NY Slip Op 67592(U)
Decided on June 14, 2021
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

M277694

E/mb

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2021-04066

Town of Brookhaven, appellant,

v Delea Sod Farms, Inc., et al., respondents.

(Index No. 605241/2020)

DECISION & ORDER ON MOTION

Appeal from an amended order of the Supreme Court, Suffolk County, dated June 3, 2021. Motion by the appellant to enjoin the respondents, inter alia, from engaging in the production, processing, importation, and sale of mulch, compost, and certain other organic materials, 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 motion is denied.

RIVERA, J.P., HINDS-RADIX, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court