| Lieb v Super Millwork, Inc. |
| Motion No: 2006-06830 |
| Slip Opinion No: 2006 NYSlipOp 73171(U) |
| Decided on August 2, 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. |
Appellate Division: Second Judicial Department
M42906
Y/cf
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2006-06830
Mark Lieb, plaintiff-respondent, v Super Millwork, Inc., et al., respondents, Marvin Windows and Doors, appellant. (Index No. 17248/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant Marvin Windows and Doors for leave to appeal to this court from so much of an order of the Supreme Court, Suffolk County, dated June 13, 2006, as granted the respondent's motion to compel the appellant to produce certain documents, and to stay enforcement of that portion of the order pending 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 branch of the motion which is for leave to appeal is denied as unnecessary, as so much of the order as granted the respondent's motion to compel the appellant to produce certain documents is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is for a stay is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to comply with the order dated June 13, 2006, is enlarged to August 28, 2006.
FLORIO, J.P., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court