Town of Smithtown v. KPE, II, LLC

Full title: Town of Smithtown, plaintiff, v. KPE, II, LLC, defendant.

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

Date published: Mar 20, 2013

2013 N.Y. Slip Op. 67869 (N.Y. App. Div. 2013)

Opinion

2013-02338 Index No. 6144/13 M153303

03-20-2013

Town of Smithtown, plaintiff, v. KPE, II, LLC, defendant.

PETER B. SKELOS

, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by KPE, II, LLC, for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated March 4, 2013, and, in effect, 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 is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., BALKIN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court