| Matter of Eastern Capital Group, LLC v 1252 East 19th Rains |
| Motion No: 2009-04543 |
| Slip Opinion No: 2009 NY Slip Op 81078(U) |
| Decided on August 21, 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
M91089
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
2009-04543, 2009-06501, 2009-06593 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 1252 East 19th Rainspring, LLC, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 20, 2009, to stay any sale of the subject real property and "proceedings predicate to [the] sale" pending hearing and determination of the appeal, as well as appeals from two orders of the same court dated March 30, 2009, and July 13, 2009, respectively, and to consolidate the appeal from the order dated July 20, 2009, with the appeals from the orders dated March 30, 2009, and July 13, 2009, and for leave to reargue those branches of its prior motion which were to stay the sale, which were determined by decisions and orders on motion dated June 4, 2009, and August 10, 2009, respectively.
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 the branch of the motion which is to consolidate the appeal from the order dated July 20, 2009, with the appeals from the orders dated March 30, 2009, and July 13, 2009, is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
FISHER, J.P., FLORIO, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court