Stillwater Asset Backed Fund, L.P. v 26-01 Astoria Develo
Motion No: 2008-03434
Slip Opinion No: 2008 NYSlipOp 71240(U)
Decided on May 7, 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

M70071

E/sl

FRED T. SANTUCCI, J.P.

JOSEPH COVELLO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2008-03434

Stillwater Asset Backed Fund, L.P., respondent,

v 26-01 Astoria Development, LLC, appellant.

(Index No. 13895/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated April 2, 2008. Application by the respondent for an award of costs and to impose a sanction upon the appellant for making a frivolous motion.

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

ORDERED that the motion and the application are denied.

SANTUCCI, J.P., COVELLO, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court