Appellate Division: Second Judicial Department

M84750

E/sl

HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2008-03894, 2008-07500 Philip Amatuzio, et al., appellants, v STP Associates, LLC, et al., respondents. (Index No. 21154/07)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to vacate an order on application of this court dated June 6, 2008, which upon the stipulation of the parties, dated May 30, 2008, marked as withdrawn an appeal from an order of the Supreme Court, Nassau County, dated March 20, 2008, to reinstate the appeal, and to stay certain proceedings in the District Court, Nassau County, Landlord/Tenant Part pending hearing and determination of an appeal from the order dated March 20, 2008, as well as an order of the same court dated July 9, 2008. Separate motion by the appellants, in effect, to vacate the order on application dated June 6, 2008, to reinstate the appeal, to stay certain proceedings in the District Court, Nassau County, Landlord/Tenant Part and to sever the appeals of 20 appellants whose eviction proceedings in the District Court, Nassau County, Landlord/Tenant Part, were stayed by commencement of bankruptcy proceedings. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated July 9, 2008.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the motions are denied; and it is further,

ORDERED that the application is denied as unnecessary as the bankruptcy stay is in effect.

MILLER, J.P., ANGIOLILLO, ENG and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court