Perez v Levy
Motion No: 2011-01674
Slip Opinion No: 2011 NY Slip Op 67399(U)
Decided on March 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M117274

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2011-01674

Nilsa Perez, et al., appellants,

v Steve Levy, etc., et al., respondents.

(Index No. 45318-10)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated February 17, 2011, inter alia, to "clarify[] the scope" of a stay contained in a decision and order on motion of this Court dated March 3, 2011, in the above-entitled action.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent of clarifying that the stay contained in the decision and order on motion of this Court dated March 3, 2011, does not encompass the sale of the John J. Foley Nursing Facility as the issue of the sale of that facility was not before this Court on the prior motion; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court