| Tuthill Finance, a Limited Partnership v Fat Moe's Realty |
| Motion No: 2009-05586 |
| Slip Opinion No: 2009 NY Slip Op 91479(U) |
| Decided on December 16, 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
M96114
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
SANDRA L. SGROI, JJ.
|
2009-05586 Tuthill Finance, a limited partnership, respondent, v Fat Moe's Realty Group, Inc., et al., appellants, et al., defendants. (Index No. 1310/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the sale or transfer of the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Putnam County, dated May 4, 2009. Cross motion by the respondent to dismiss the appeal on the ground that the right of direct appeal terminated with entry of the judgment in the above-entitled action on October 7, 2009.
Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and the papers filed in opposition and in relation to the cross motion, it is
ORDERED that the cross motion is granted (see Matter of Aho, 39 NY2d 241, 252); and it is further,
ORDERED that the motion is denied as academic.
COVELLO, J.P., ANGIOLILLO, BALKIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court