NYCTL 1998-2 Trust v Michael Holdings, Inc.
Motion No: 2009-05095
Slip Opinion No: 2009 NY Slip Op 74857(U)
Decided on June 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

M87897

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

HOWARD MILLER

LEONARD B. AUSTIN, JJ.

2009-05095

NYCTL 1998-2 Trust, etc., plaintiff,

v Michael Holdings, Inc., respondent,

et al., defendants; L.T. Motors Auto Sales,

Inc., nonparty-appellant.

(Index No. 17109/06)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, in effect, to stay the distribution of certain surplus monies or, in the alternative, to direct the respondent to post an undertaking, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered May 8, 2009.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., SANTUCCI, MILLER and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court