| Breytman v Wiener Realty, LLC |
| Motion No: 2009-07371 |
| Slip Opinion No: 2010 NY Slip Op 78763(U) |
| Decided on August 4, 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
M106367
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2009-07371 Alexander Breytman, appellant, v Wiener Realty, LLC, etc., et al., respondents.
(Index No. 33073/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated June 10, 2009, inter alia, to stay, vacate, or issue a temporary restraining order with respect to a decision and order on motion of this court dated June 17, 2010, which extended the appellant's time to pay the respondents for the cost of the respondents' appendix as a condition of the denial of a cross motion to dismiss the appeal. Cross motion by the respondents to dismiss the appeal for failure to comply with the decision and order on motion dated June 17, 2010.
Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted, and the appeal is dismissed, without costs or disbursements.
SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court