| Riverside Capital Advisers, Inc. v First Secured C |
| Motion No: 2007-09434 |
| Slip Opinion No: 2009 NYSlipOp 63154(U) |
| Decided on February 9, 2009 |
| 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
M82229
E/nl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
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2007-09434, 2007-09398, 2007-09919 Riverside Capital Advisers, Inc., etc., plaintiff, Winchester Global Trust Company Limited, etc., respondent, v First Secured Capital Corporation, et al., defendants, Thomas Donovan Family Trust, defendant-appellant; Thomas Donovan, et al., nonparty-appellants. (Index No. 20600/99)
| DECISION & ORDER ON MOTION |
Motion by the defendant-appellant and nonparty-appellants for leave to appeal to the Court of Appeals from a decision and order of this court dated December 23, 2008, which determined appeals from three orders of the Supreme Court, Nassau County, dated August 30, 2007, September 11, 2007, and October 12, 2007, respectively. Cross motion by the respondent to increase the amount of a certain undertaking from $250,000 to $34 million, if leave to appeal to the Court of Appeals is granted.
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 motion for leave to appeal is denied; and it is further,
ORDERED that the cross motion to increase the undertaking is denied in light of our determination of the motion.
PRUDENTI, P.J., FISHER, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court