| Rossrock Fund II, L.P. v Commack Investor Group, Inc. |
| Motion No: 2009-11676 |
| Slip Opinion No: 2010 NY Slip Op 88627(U) |
| Decided on November 22, 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
M111253
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2009-11676, 2010-02162 Rossrock Fund II, L.P., respondent, v Commack Investor Group, Inc., appellant, et al., defendants.
(Index No. 20381/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated November 16, 2009 (Appellate Division Docket No. 2009-11676), and a judgment of the same court also dated November 16, 2009 (Appellate Division Docket No. 2010-02162).
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the appeal (see Rossrock Fund II, L.P. v Commack Investor Group, Inc., ___ AD3d ___ [2d Dept, Nov. 16, 2010]).
FISHER, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court