Novello v 215 Rockaway, LLC
Motion No: 2008-08673
Slip Opinion No: 2009 NYSlipOp 65912(U)
Decided on March 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M83426

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-08673, 2009-01890

John Novello, et al., respondents,

v 215 Rockaway, LLC, appellant.

(Index No. 22426/07)

DECISION & ORDER ON MOTION

Motion by 215 Rockaway, LLC, for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated February 17, 2009, and, in effect, to stay all proceedings in the above-entitled action, except a determination of its motion pursuant to CPLR 5519(a)(6) to fix an undertaking, pending hearing and determination of the appeal from the order dated February 17, 2009, as well as an appeal from an order of the same court entered August 15, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

FISHER, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court