99 Commercial St., Inc. v Zdrodowski
Motion No: 2009-02664
Slip Opinion No: 2009 NY Slip Op 80983(U)
Decided on August 20, 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

M91038

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2009-02664, 2009-05886, 2009-05986,

2009-05987

99 Commercial St., Inc., respondent,

v Jerzy Zdrodowski, et al., defendants,

Michael Fogel, et al., appellants.

(Index No. 15164/06)

DECISION & ORDER ON MOTION

Motion by Michael Fogel, Lucas Zychlinski, and Janette Shelly for leave to appeal to this court from three orders of the Supreme Court, Kings County, dated April 3, 2009, April 17, 2009, and June 5, 2009, respectively, and, inter alia, in effect, to stay their eviction from the subject premises and to enjoin 99 Commercial St., Inc., from renting the subject premises, pending hearing and determination of those appeals and an appeal from an order of the same court dated March 26, 2009.

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 appeals from the orders dated April 3, 2009, April 17, 2009, and June 5, 2009 (Appellate Division Docket Nos. 2009-05886, 2009-05986, 2009-05987), purportedly taken as of right, are dismissed, without costs or disbursements (see CPLR 5701[a][2]); and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., FLORIO, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court