| Second Development Services, Inc. v Home Marketing |
| Motion No: 2007-11671 |
| Slip Opinion No: 2008 NYSlipOp 80515(U) |
| Decided on August 19, 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
M74655
S/cb
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2007-11671 Second Development Services, Inc., respondent, v Home Marketing Services, Inc., et al., appellants. (Index No. 46308/07)
| DECISION & ORDER ON MOTION |
Appeal, by permission, by the defendants from an order of the Supreme Court, Kings County, dated December 20, 2007. By decision and order on motion dated December 28, 2007, enforcement of the temporary restraining order contained in the order dated December 20, 2007, was stayed pending hearing and determination of the appeal or until determination of the motion in the above-entitled action returnable in the Supreme Court, Kings County, on January 8, 2008, whichever occured first. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the stay granted by the decision and order on motion dated December 28, 2007, is vacated forthwith.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court