| Sephardic Senior Citizens Lodge v Serure |
| Motion No: 2010-10086 |
| Slip Opinion No: 2010 NY Slip Op 88291(U) |
| Decided on November 18, 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
M111180
E/ct
STEVEN W. FISHER, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2010-10086 Sephardic Senior Citizens Lodge, plaintiff/ counterclaim defendant-respondent, v Mal Serure, defendant/counterclaim plaintiff-appellant; Murray Dweck, et al., counterclaim defendants- respondents. (Index No. 1998/10)
| DECISION & ORDER ON MOTION |
Motion by the defendant/counterclaim plaintiff-appellant to stay enforcement of an order of the Supreme Court, Kings County, dated September 21, 2010, pending hearing and determination of an appeal therefrom. Application by the defendant/counterclaim plaintiff-appellant, in effect, for leave to withdraw the motion only if it has been rendered academic by his filing of an undertaking (see CPLR 5519[a][2]).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further
ORDERED that the application is denied as academic.
FISHER, J.P., ANGIOLILLO, BELEN and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court