Opinion
Motion No. CA 23-00388
07-20-2023
MATTER OF RENEW 81 FOR ALL, BY ITS PRESIDENT, FRANK L. FOWLER, CHARLES GARLAND, GARLAND BROTHERS FUNERAL HOME, NATHAN GUNN, MARIE TALIERCIO, TOWN OF DEWITT, TOWN OF SALINA, PETITIONERS-RESPONDENTS-APPELLANTS, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, MARIE THERESE DOMINGUEZ, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF TRANSPORTATION, NICOLAS CHOUBAH, P.E., IN HIS OFFICIAL CAPACITY AS NEW YORK STATE DEPARTMENT OF TRANSPORTATION CHIEF ENGINEER, MARK FRECHETTE, P.E., IN HIS OFFICIAL CAPACITY AS NEW YORK STATE CITY OF SYRACUSE, RESPONDENTS-APPELLANTS. TOWN OF TULLY, PETITIONER-RESPONDENT,
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., PERADOTTO, MONTOUR, OGDEN, AND GREENWOOD, JJ.
Petitioners-Respondents-Appellants having moved pursuant to CPLR 7805 for a stay and for injunctive relief, in the appeal taken herein from an order of the Supreme Court, Onondaga County, entered February 14, 2023, and the respondents represented by the Attorney General having moved for an affirmative injunction pursuant to CPLR 5518 and CPLR 5519, and for other relief, 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 petitioners-respondent-appellants' motion insofar as it seeks a stay and injunctive relief is denied, and
It is further ORDERED that the Attorney General's motion insofar as it seeks an affirmative injunction is denied, and
It is further ORDERED that the Attorney General's motion insofar as it seeks other relief is denied.