| FJB, LLC AND TOOBRO NY, LLC V AHAVA OF CALIFORNIA, LLC |
| Motion No: CA 09-01632 |
| Slip Opinion No: 2009 NY Slip Op 81532(U) |
| Decided on August 20, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.
DOCKET NO. CA 09-01632
| FJB, LLC AND TOOBRO NY, LLC, PLAINTIFFS-RESPONDENTS, V AHAVA OF
CALIFORNIA, LLC, DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Edward D. Carni on August 7, 2009, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Lewis on August 4, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Leo L. Esses sworn to August 3, 2009,
said show cause order with proof of service thereof, the supplemental affidavit of Leo L. Esses sworn to August 6, 2009, the opposing affirmation of Kristin M. Pratt sworn to August 13, 2009, the opposing affidavit of Mark Einhorn sworn to August 10, 2009, the opposing affidavit of Schneur Bistritzky sworn to August 11, 2009, the opposing affirmation of Menachem Bistritzky sworn to August 9, 2009, the reply affidavit of Leo L. Esses sworn to August 17, 2009, the reply affidavit of Ruben Beityakov sworn to August 17, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED that the temporary stay contained in the show cause order bringing the motion on before the full Court be, and the same hereby is vacated.
Entered: August 20, 2009
Patricia L. Morgan, Clerk