| Ultra Flex Packaging Corp. v I.J. Litwak Realty Limited Pa |
| Motion No: 2006-04084 |
| Slip Opinion No: 2006 NYSlipOp 73461(U) |
| Decided on July 31, 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
M42722
T/sl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-04084 Ultra Flex Packaging Corp., appellant, v I.J. Litwak Realty Limited Partnership, respondent. (Index No. 7878/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to stay all proceedings in a summary nonpayment proceeding pending in the Civil Court, Kings County, entitled I.J. Litwak Realty Limited Partnership v Ultra Flex Packaging Corp., under Index No. 108173/04, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 7, 2006.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to stay all proceedings in a summary nonpayment proceeding pending in the Civil Court, Kings County, entitled I.J. Litwak Realty Limited Partnership v Ultra Flex Packaging Corp., under Index No. 108173/04, pending hearing and determination of the appeal is granted on condition that on or before August 28, 2006, the appellant post an undertaking with corporate surety in the sum of $160,000 pursuant to CPLR 6312(b); and it is further,
ORDERED that the motion is otherwise denied as academic in light of our determination.
SPOLZINO, J.P., SKELOS, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court