47 Thames Realty, LLC v Robinson
Motion No: 2009-11159
Slip Opinion No: 2010 NY Slip Op 80148(U)
Decided on August 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M107316

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-11159

47 Thames Realty, LLC, appellant-respondent,

v Ellen Robinson, et al., respondents-appellants.

(Index No. 22227/06)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay a hearing on the issue of attorney's fees pending hearing and determination of an appeal and cross appeal from order of the Supreme Court, Kings County, dated September 14, 2009. Cross motion by the respondents-appellants to direct the appellant-respondent to post an undertaking in the sum of $375,621.47 in the event that a stay is granted, and for leave to file a supplemental brief addressing the issue of a July 1, 2010, amendment to the Loft Law contained in L 2010, ch 147.

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

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

ORDERED that the branch of the cross motion which is to direct the appellant-respondent to post an undertaking is denied as academic; and it is further,

ORDERED that the branch of the cross motion which is for leave to file a supplemental brief is denied.

SKELOS, J.P., COVELLO, BALKIN, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court