| Melius v Breslin |
| Motion No: 2006-06910 |
| Slip Opinion No: 2006 NYSlipOp 80925(U) |
| Decided on November 30, 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
M47451
J/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2006-06910 Gary Melius, et al., respondents, v Wilbur F. Breslin, et al., defendants, Breslin Realty Development Corp., et al., appellants. (Index No. 18019/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from a judgment of the Supreme Court, Nassau County, dated July 18, 2006, to direct the appellants to post a new or additional undertaking pursuant to CPLR 2508.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the stay granted by the decision and order on motion of this court dated August 21, 2006, is vacated forthwith, based on the appellants' failure to perfect the appeal in accordance with the decision and order on motion dated August 21, 2006, which granted the stay.
SCHMIDT, J.P., SANTUCCI, RIVERA, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court