| Dune Deck Owners Corp. v J.J.&P. Associates Corp. |
| Motion No: 2008-06641 |
| Slip Opinion No: 2008 NYSlipOp 79854(U) |
| Decided on August 12, 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
M74414
E/sl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
|
2008-06641 Dune Deck Owners Corp., respondent, v J.J. & P. Associates Corp., et al., appellants.
(Index No. 14938-03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Suffolk County, dated June 17, 2008, pending hearing and determination of an 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 is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the motion is granted and the order dated June 17, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 11, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 11, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SPOLZINO, J.P., SKELOS, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court