Executive Fliteways, Inc. v Caballero
Motion No: 2007-05389
Slip Opinion No: 2008 NYSlipOp 60754(U)
Decided on January 10, 2008
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

M64705

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2007-05389

Excutive Fliteways, Inc., appellant,

v Anthony Caballero, respondent.

(Index No. 10802-06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered May 2, 2007, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated January 31, 2007.

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 notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,

ORDERED that on or before January 23, 2008, the appellant shall serve and file a supplemental record containing the judgment entered May 2, 2007.

RIVERA, J.P., SANTUCCI, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court