Matter of Eklecco Newco, LLC v Schlomit, Inc., d/b/a Leath
Motion No: 2006-08862
Slip Opinion No: 2006 NYSlipOp 77724(U)
Decided on October 16, 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

M45625

A/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2006-08862

In the Matter of Eklecco Newco, LLC,

petitioner, v Schlomit, Inc., d/b/a Leather

Studio, respondent.

(Index No. 05-50382)

DECISION & ORDER ON MOTION
Motion for Leave to Appeal to the
Appellate Division

Motion by Schlomit, Inc., d/b/a Leather Studio, for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated July 26, 2006, which affirmed a judgment of the Town Court of the Town of Clarkstown, Rockland County, entered June 30, 2005, and cross motion by the petitioner, Eklecco Newco, LLC, inter alia, to vacate any stay which is in effect pursuant to CPLR 5519(e) and to allow it to evict Schlomit, Inc., d/b/a Leather Studio, from the subject premises.

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

ORDERED that the motion and the cross motion are denied.

ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court