Matter of New Creek Bluebelt, Phase 4
Motion No: 2010-01774
Slip Opinion No: 2010 NY Slip Op 67750(U)
Decided on April 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M101035

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-01774

In the Matter of New Creek Bluebelt, Phase 4.

City of New York, respondent; Gaetano Demetrio,

appellant.

(Index No. 4018/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action concerning the subject real property, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated January 25, 2010. Cross motion by the respondent to toll the interest on any award or payment, pending the appeal, in the event that the motion for a stay is granted.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition to the motion and the cross motion, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied as academic.

SKELOS, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court