| Breidbart v Wiesenthal |
| Motion No: 2006-10207 |
| Slip Opinion No: 2007 NYSlipOp 74012(U) |
| Decided on July 20, 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. |
Appellate Division: Second Judicial Department
M57411
S/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-10207, 2006-11228, 2007-02516 Murray Breidbart, et al., appellants, v Melvin Wiesenthal, et al., respondents.
(Index No. 6038/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from three orders of the Supreme Court, Kings County, dated September 28, 2006, October 25, 2006, and February 27, 2007, respectively, inter alia, to stay all proceedings in the above-entitled action, including the entry of judgment, to enjoin the respondents from withholding payment of distributions or profits, and from selling, transferring, or encumbering the subject premises other than in the ordinary course of business, pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.
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 appellants' notice of appeal from the order dated September 28, 2006, is deemed to be an application for leave to appeal from that order and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including the entry of judgment, is granted to the extent that the entry of judgment in the above-entitled action is stayed, pending hearing and determination of the appeals, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enjoin the respondents from withholding payment of distributions or profits and from selling, transferring, or encumbering the subject premises other than in the ordinary course of business is denied, without prejudice to seeking relief in Supreme Court, Kings County; and it is further,
ORDERED that the motion is otherwise denied
SCHMIDT, J.P., CRANE, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court