Merkos'L Inyonei Chinuch, Inc. v Sharf
Motion No: 2008-03437
Slip Opinion No: 2008 NYSlipOp 72512(U)
Decided on May 20, 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

M70780

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-03437

Merkos L'Inyonei Chinuch, Inc., et al., plaintiffs,

v Mendel Sharf, et al., defendants.

(Index No. 40288/04)

DECISION & ORDER ON MOTION

Motion by the defendant Yaacov Thaler for leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 15, 2008, and, inter alia, in effect, to dissolve any restraint that enjoins him from entering the subject premises 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 branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

MASTRO, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court