| BRT Realty Trust v 3747 Purchase Street Realty Co., LLC |
| Motion No: 2010-03783 |
| Slip Opinion No: 2010 NY Slip Op 71850(U) |
| Decided on May 19, 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
M103090
E/sl
FRED T. SANTUCCI, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-03783 BRT Realty Trust, plaintiff, v 3747 Purchase Street Realty Co., LLC, et al., defendants (Action No. 1) Green Family Holdings, LLC, et al., respondents, v Louis E. Cherico, et al., appellants (and a third-party action). (Action No. 2) (Index No. 08-476)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay enforcement of a judgment of the Supreme Court, Westchester County, entered April 9, 2010, 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 on the court's own motion, the notice of appeal from an order of the same court order entered March 8, 2010, is deemed to be a notice of appeal from the judgment entered April 9, 2010 (see CPLR 5512); and it is further,
ORDERED that the motion is denied.
SANTUCCI, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court