Logan & Logan, Inc., d/b/a Cedar Lodge Nursing Home v
Motion No: 2005-08122
Slip Opinion No: 2006 NYSlipOp 62839(U)
Decided on February 9, 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

M35884

C/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-08122

Logan & Logan, Inc., d/b/a Cedar Lodge

Nursing Home, respondent, v Audrey Lane

Laufer, LLC, appellant.

(Index No. 6196-05)

DECISION & ORDER ON MOTION

Motion by the appellant to direct the respondent to execute and deliver to the appellant an assignment of lease to allow the appellant to obtain a stay pursuant to CPLR 5519(a)(5) pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated July 22, 2005, or, to stay the sale of the subject nursing home and the assignment of its rights under the lease, 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 motion is denied.

SCHMIDT, J.P., SANTUCCI, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court