Matter of Eastern Capital Group, LLC v 1252 East 19th Rains
Motion No: 2009-04543
Slip Opinion No: 2009 NY Slip Op 80230(U)
Decided on August 10, 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

M90586

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

JOSEPH COVELLO

PLUMMER E. LOTT, JJ.

2009-04543, 2009-06501

In the Matter of Eastern Capital Group, LLC,

respondent, v 1252 East 19th Rainspring, LLC,

appellant.

(Index No. 24614/08)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated March 30, 2009, and July 13, 2009, respectively, to stay any sale of the subject real property and "proceedings predicate to [the] sale" pending hearing and determination of the appeals, and to consolidate the appeals.

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 any sale of the subject real property is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

PRUDENTI, P.J., RIVERA, COVELLO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court