Tropical Gardens Corp. v Public Service Atlantic, LLC
Motion No: 2007-00887
Slip Opinion No: 2007 NYSlipOp 63376(U)
Decided on February 16, 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

M50957

E/sl

WILLIAM F. MASTRO, J.P.

GABRIEL M. KRAUSMAN

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2007-00887

Tropical Gardens Corp., appellant,

v Public Service Atlantic, LLC, respondent.

(Index No. 9731/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated November 21, 2006, pending hearing and determination of an appeal therefrom, and cross motion by the respondent to direct the appellant to secure a bond and pay use and occupancy for the subject premises as a condition of any stay which may be granted.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied as academic.

MASTRO, J.P., KRAUSMAN, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court