Town of Brookhaven v Kenneth J. Cartalemi, LLC
Motion No: 2023-02832
Slip Opinion No: 2023 NY Slip Op 73463(U)
Decided on September 15, 2023
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

M291039

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2023-02832

Town of Brookhaven, plaintiff,

v Kenneth J. Cartalemi, LLC, defendant.

(Index No. 60775/2020)

DECISION & ORDER ON MOTION

Motion by Kenneth J. Cartalemi, LLC, for leave to appeal to this Court from an order to show cause of the Supreme Court, Suffolk County, dated March 15, 2023, and to stay enforcement of a temporary restraining order contained in the order to show cause, 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.

IANNACCI, J.P., CHAMBERS, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court