| Matter of Hamptons, LLC v Rickenbach Jr. |
| Motion No: 2011-01140 |
| Slip Opinion No: 2011 NY Slip Op 65299(U) |
| Decided on February 25, 2011 |
| 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
M116101
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2011-01140 In the Matter of Hamptons, LLC, etc., respondent, v Paul F. Rickenbach, Jr., etc., et al., appellants. (Index No. 3295-10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to vacate the automatic stay in effect pursuant to CPLR 5519(a), pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated December 9, 2010, or for an expedited briefing schedule and a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to vacate the automatic stay in effect pursuant to CPLR 5519(a) is granted, and the automatic stay of enforcement of the order dated December 9, 2010, is vacated; and it is further,
ORDERED that the motion is otherwise denied.
ANGIOLILLO, J.P., FLORIO, HALL and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court