| NYCTL, 1999-1 Trust v Singray Realty, Inc. |
| Motion No: 2008-03872 |
| Slip Opinion No: 2008 NYSlipOp 83548(U) |
| Decided on September 18, 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
M75948
E/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
HOWARD MILLER
JOHN M. LEVENTHAL, JJ.
|
2008-03872 NYCTL, 1999-1 Trust, et al., plaintiffs-respondents, v Singray Realty, Inc., appellant, 676 Associates, Inc., intervenor-respondent. (Index No. 11272/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated June 7, 2007 to enjoin the plaintiffs-respondents and the intervenor-respondent from interfering with its use and enjoyment of certain real property, pending hearing and determination of the appeal. Cross motion by the intervenor-respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted and the appeal is dismissed as against the intervenor-respondent, without costs or disbursements (see Maddox v City of New York, 104 AD2d 430; and it is further,
ORDERED that the motion is denied.
SPOLZINO, J.P., FLORIO, MILLER and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court