| Running v Fifth & Bergen Housing Development Fund |
| Motion No: 2009-04135 |
| Slip Opinion No: 2009 NY Slip Op 72707(U) |
| Decided on May 18, 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
M86780
E/cb
STEVEN W. FISHER, J.P.
MARK C. DILLON
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
2009-04135 Taana Running, et al., plaintiffs, v Fifth and Bergen Housing Development Fund Corporation, et al., defendants. (Index No. 384/05)
| DECISION & ORDER ON MOTION |
Motion by the defendant Fifth and Bergen Housing Development Fund Corporation for leave to appeal to this court from a decision of the Supreme Court, Kings County, dated March 30, 2009, and to stay enforcement of the decision 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 on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order is denied as academic.
FISHER, J.P., DILLON, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court