| 37 Park Drive South, Inc. v Duffy |
| Motion No: 2008-00283 |
| Slip Opinion No: 2008 NYSlipOp 68193(U) |
| Decided on April 2, 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. |
Appellate Division: Second Judicial Department
M68508
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
FRED T. SANTUCCI
ARIEL E. BELEN, JJ.
|
2008-00283 37 Park Drive South, Inc., respondent-appellant, v James Duffy, et al., appellants-respondents. (Index No. 04-16967)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay enforcement of a judgment of the Supreme Court, Westchester County, dated January 2, 2008, pending hearing and determination of an appeal and cross appeal therefrom.
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 notice of appeal and notice of cross appeal from a decision of the same court entered December 4, 2007, is deemed to be a notice of appeal and notice of cross appeal, respectively, from the judgment dated January 2, 2008 (see CPLR 5512); and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., SKELOS, SANTUCCI and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court