| Tomasello v J & J Mashkuli, Inc. |
| Motion No: 2009-11815 |
| Slip Opinion No: 2010 NY Slip Op 60760(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
M97116
S/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-11815 Thomas C. Tomasello, et al., respondents, v J & J Mashkuli, Inc., et al., appellants.
(Index No. 101597/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Richmond County, entered December 11, 2009, to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, without prejudice to the appellants' moving before the Supreme Court, Richmond County, to direct the plaintiffs to file an undertaking pursuant to CPLR 6313(c).
FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court