Opinion
MOTION NO. 268-13 DOCKET NO. CA 12-01797
06-07-2013
IN THE MATTER OF MERRY-GO-ROUND PLAYHOUSE, INC., PETITIONER-APPELLANT, v. ASSESSOR OF CITY OF AUBURN, BOARD OF ASSESSMENT REVIEW OF CITY OF AUBURN, AND CITY OF AUBURN, RESPONDENTS-RESPONDENTS.
PRESENT: , J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.
Respondents having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 22, 2013, and having moved for a stay of enforcement of this Court's order pending the determination of this appeal by the Court of Appeals,
Now, upon reading and filing the affidavit of Andrew S. Fusco, Esq,. sworn to April 8, 2013, the notice of motion with proof of service thereof, and the affirmation of Charles H. Lynch, Esq., dated April 18, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks leave to appeal to the Court of Appeals is denied, and
It is further ORDERED that the motion insofar as it seeks a discretionary stay is denied.
Frances E. Cafarell, Clerk