| Board of Managers of Artist Lake Condominium v Centru |
| Motion No: 2009-04834 |
| Slip Opinion No: 2009 NY Slip Op 84639(U) |
| Decided on September 30, 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
M92661
G/hu
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2009-04834 Board of Managers of Artist Lake Condominium, plaintiff, v Century 24 Realty Corp., et al., defendants. (Index No. 07-35986)
| DECISION & ORDER ON APPLICATION |
Application by the plaintiff pursuant to CPLR 5704 to vacate an ex parte order of the Supreme Court, Suffolk County, dated December 10, 2008, which denied its ex parte application for an order of reference in an action to foreclose a lien.
ORDERED that the application pursuant to CPLR 5704 is granted, the order dated December 10, 2008, is vacated, the plaintiff's application for an order of reference is granted, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of an appropriate order appointing a referee.
The documentary proof submitted by the plaintiff in support of its application established the plaintiff's entitlement to the relief requested (see Shore Park Estates Homeowners Assn. v Seibert, 277 AD2d 304, 305; Rivermist Assn. v Davis, 251 AD2d 1039). Accordingly, the Supreme Court should have granted the plaintiff's ex parte application for an order of reference.
SKELOS, J.P., LEVENTHAL, HALL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court