| Development Strategies Co., L.L.C. v Astoria Equities, Inc. & Ditmars Roofing & Sheetmetal Contrs., Inc. |
| Motion No: 2009-00184 sc |
| Slip Opinion No: 2011 NY Slip Op 65689(U) |
| Decided on February 22, 2011 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
DENISE F. MOLIA
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| Development Strategies Company, LLC., Respondent, v Astoria Equities, Inc. and Ditmars Roofing and Sheetmetal Contractors, Inc., Appellants, and Anthony DeSabato, Beatrice DeSabato, JR Factors, Inc. and Jane Doe, Undertenants. |
Motion by respondent returnable November 8, 2010 on an appeal from a judgment and orders of the District Court of Suffolk County, Second District, entered, respectively, September 2, 2008, October 14, 2008, and November 12, 2008, to vacate a stay granted by order of this court dated April 21, 2009. Cross motion by appellants to modify the order of this court dated April 21, 2009. Separate motions by respondent returnable December 14, 2010 and January 18, 2011 to vacate the stay.
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions and the cross motion are consolidated for the purpose of disposition; and it is further,
ORDERED that the motions and the cross motion are denied as academic, as the appeal has been determined.
ENTER:
Paul Kenny
Chief Clerk