| Dune Deck Owners Corp. v J.J.&P. Associates Corp. |
| Motion No: 2008-06641 |
| Slip Opinion No: 2008 NYSlipOp 84001(U) |
| Decided on September 25, 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
M76345
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 on an appeal from an order of the Supreme Court, Suffolk County, dated June 17, 2008, in effect, to amend so much of a decision and order on motion of this court dated August 12, 2008, as conditioned a stay of enforcement of the judgment upon the perfection of the appeal on or before September 11, 2008, and to enlarge the time to perfect the appeal until January 31, 2009.
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 to amend so much of the decision and order on motion dated August 12, 2008, as conditioned a stay of enforcement of the judgment upon the perfection of the appeal on or before September 11, 2008, is denied; and it is further,
ORDERED that on the court's own motion, the stay granted by the decision and order on motion of this court dated August 12, 2008, is vacated forthwith; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal until January 31, 2009, is denied as premature.
SPOLZINO, J.P., SKELOS, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court