Spartan Restaurant Holdings Corp. v One-Two Jericho
Motion No: 2008-10219
Slip Opinion No: 2009 NY Slip Op 72108(U)
Decided on May 11, 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

M86414

E/cb

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2008-10219

Spartan Restaurant Holdings Corp., etc.,

plaintiff, v One-Two Jericho Plaza Owner,

LLC, et al., defendants.

(Index No. 20192/08)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Nassau County, on November 10, 2008, and, inter alia, to stay her eviction 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.

SPOLZINO, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court