Ross v Queens Organization, LLC
Motion No: 2006-06261
Slip Opinion No: 2006 NYSlipOp 74242(U)
Decided on August 23, 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

M43661

C/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2006-06261

Josephine Ross, et al., appellants,

v Queens Organization, LLC, respondent.

(Index No. 7370/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the enforcement of an order and judgment (one paper) of the Supreme Court, Queens County, dated May 16, 2006, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal from so much of the order and judgment as granted, without opposition, the defendant's motion for summary judgment on its counterclaim is dismissed, without costs or disbursements (see Termini v Termini, 4 AD3d 342); and it is further,

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court