| Matter of Trump on the Ocean, LLC v Cortes-Vasquez |
| Motion No: 2009-00328 |
| Slip Opinion No: 2010 NY Slip Op 90291(U) |
| Decided on December 9, 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
M112370
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2009-00328 In the Matter of Trump on the Ocean, LLC, petitioner/plaintiff respondent, v Loraine A. Cortes-Vasquez, etc., et al., respondents/ defendants-appellants. (Index No. 5329/08)
| DECISION & ORDER ON MOTION |
Motion by the respondents/defendants-appellants for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this Court dated September 28, 2010, which modified a judgment of the Supreme Court, Nassau County, dated December 1, 2008.
Cross motion by the petitioner/plaintiff-respondent to vacate the automatic stay.
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 cross motion is denied; and it is further,
ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated September 28, 2010, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
SKELOS, J.P., ANGIOLILLO, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court