| Matter of Potter v Incorporated Village of Ocean Beach |
| Motion No: 2024-02945 |
| Slip Opinion No: 2024 NY Slip Op 75136(U) |
| Decided on September 25, 2024 |
| 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
M299511
AFA/
ROBERT J. MILLER, J.P.
LINDA CHRISTOPHER
DEBORAH A. DOWLING
DONNA-MARIE E. GOLIA, JJ.
|
2024-02945 In the Matter of Philip G. Potter, appellant, v Incorporated Village of Ocean Beach, et al., respondents. (Index No. 604776/2024)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated April 17, 2024. Motion by Philip G. Potter, inter alia, for leave to appeal to this Court from the order dated April 17, 2024, and to stay enforcement of the order, 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 to this Court is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order is granted to the extent that the inspection of the premises granted in the order is stayed, pending hearing and determination of the appeal, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., CHRISTOPHER, DOWLING and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court