Dune Deck Owners Corp. v J.J.& P. Associates Corp.
Motion No: 2009-04193
Slip Opinion No: 2009 NY Slip Op 72631(U)
Decided on May 15, 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

M86722

E/cb

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2009-04193

Dune Deck Owners Corp., respondent,

v J.J. & P. Associates Corp., et al., defendants;

J.P. Liggett, nonparty-appellant.

(Index No. 14938/03)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay the subject judicial sale pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 7, 2009, and for leave to appeal from the order, if necessary.

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 to stay the subject judicial sale is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order, if necessary, is denied as unnecessary, as the order is appealable as of right.

SPOLZINO, J.P., SKELOS, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court