Kelley v Chavez
Motion No: 2005-07897 +2
Slip Opinion No: 2006 NYSlipOp 61115(U)
Decided on January 26, 2006
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35325

C/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-07897, 2005-07898, 2005-07899

Bruce Kelley, et al., respondents,

v Gregory Chavez, appellant, et al.,

defendants.

(Appeal Nos. 1 and 2)

Bruce Kelley, et al., respondents,

v Gregory Chavez, et al., defendants,

Kristina Huser, appellant.

(Appeal No. 3)

(Index No. 26613/04)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from three orders of the Supreme Court, Queens County, all dated July 27, 2005, inter alia, for leave to reargue so much of a prior motion as sought to reinstate the stay of enforcement of a judgment of the same court dated April 7, 2005, granted by decision and order on motion of this court dated September 7, 2005, which prior motion was determined by decision and order on motion of this court dated December 5, 2005, or, for a preference in the 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 motion is denied.

CRANE, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court