September's Food Systems, LLC v BRE Wellesley Proper
Motion No: 2007-00182
Slip Opinion No: 2007 NYSlipOp 62140(U)
Decided on January 30, 2007
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

M50112

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-00182

September's Food Systems, LLC, et al.,

appellants, v BRE Wellesley Properties,

LLC, respondent.

(Index No. 06-11594)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to modify an undertaking set forth in an order of the Supreme Court, Westchester County, dated November 30, 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 the motion is denied, without prejudice to seeking relief in the Supreme Court, Westchester County.

MASTRO, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court