| Breslin Realty Development Corp. v Shaw |
| Motion No: 2009-11417 |
| Slip Opinion No: 2010 NY Slip Op 60724(U) |
| Decided on January 13, 2010 |
| 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
M97187
E/sl
DANIEL D. ANGIOLILLO, J.P.
RUTH C. BALKIN
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
|
2009-11417 Breslin Realty Development Corp., et al., appellants, v J. Stanley Shaw, et al., defendants; Ronald Pecunies, nonparty-respondent. (Index No. 4182/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, entered November 20, 2009, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of so much of the order as directed Rosenberg, Calica & Birney to pay the sum of $117,120 into court upon the commencement of a plenary action by the nonparty-respondent is stayed, pending hearing and determination of the appeal, and the motion is otherwise denied.
ANGIOLILLO, J.P., BALKIN, ENG and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court