Matter of Mittasch v Long Island Greyhound Transfer, Inc.
Motion No: 2008-10576
Slip Opinion No: 2008 NYSlipOp 92295(U)
Decided on December 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M80033

E/sl

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2008-10576

In the Matter of Robin Mittasch, et al., petitioners,

v Long Island Greyhound Transfer, Inc., et al.,

respondents; Julia A. Ferrara, et al., nonparties.

(Index No. 6604/08)

DECISION & ORDER ON MOTION

Motion by Julia A. Ferrara and Carol Vatter, inter alia, for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated November 18, 2008, to amend the caption to substitute them as officers and board members of the subject corporation, and, in effect, to stay Albert J. Bruns and others from selling any of the assets of the subject corporation, 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 for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

ANGIOLILLO, J.P., LEVENTHAL, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court