| Second Development Services, Inc. v Home Marketing As |
| Motion No: 2007-11671 |
| Slip Opinion No: 2007 NYSlipOp 87598(U) |
| Decided on December 28, 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
M64249
T/sl
GABRIEL M. KRAUSMAN, J.P.
STEVEN W. FISHER
RUTH C. BALKIN
WILLIAM E. McCARTHY, JJ.
|
2007-11671 Second Development Services, Inc., respondent, v Home Marketing Associates, Inc., et al., appellants. (Index No. 46308/07)
| DECISION & ORDER ON MOTION |
Motion by the defendants for leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 20, 2007, and to stay enforcement of a temporary restraining order contained in said order which enjoined the defendants from closing a sale of the defendant Home Marketing Associates, Inc., to any purchaser other than the plaintiff, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of the temporary restraining order contained in the order dated December 20, 2007, is stayed pending hearing and determination of the appeal or until determination of the motion in the above-entitled action returnable in the Supreme Court, Kings County, on January 8, 2008, whichever occurs first.
KRAUSMAN, J.P., FISHER, BALKIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court