| James A. Phillips Realty, Inc. v Lukasiewicz |
| Motion No: 2008-07218 |
| Slip Opinion No: 2008 NYSlipOp 91477(U) |
| Decided on December 10, 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
M79709
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2008-07218 James A. Phillips Realty, Inc., respondent, v Thaddeus Lukasiewicz, appellant. (Index No. 28437/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to deem a notice of appeal from a decision of the Supreme Court, Queens County, dated May 19, 2008, to be a premature notice of appeal from a judgment of the same court entered August 6, 2008, and to stay enforcement of the judgment 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 to deem the notice of appeal from the decision to be a premature notice of appeal from the judgment entered August 6, 2008, is granted (see CPLR 5520[c]); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied.
RIVERA, J.P., ANGIOLILLO, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court