Biz of Westchester Corp. v. City of Yonkers

Full title: Biz of Westchester Corp., plaintiff, v. City of Yonkers, et al.…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Oct 11, 2011

2011 N.Y. Slip Op. 86160 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-08071 Index No. 13287/11 M127083

10-11-2011

Biz of Westchester Corp., plaintiff, v. City of Yonkers, et al., defendants.

DANIEL D. ANGIOLILLO

, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

DECISION & ORDER ON MOTION

Motion by the City of Yonkers, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated August 10, 2011, and, in effect, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a) staying enforcement of a temporary restraining order contained in the order dated August 10, 2011, 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.

ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court