| Gas Land Petroleum, Inc. v Bottini Station Holdings, LLC |
| Motion No: 2011-02315 |
| Slip Opinion No: 2011 NY Slip Op 67867(U) |
| Decided on March 23, 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
M117463
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-02315 Gas Land Petroleum, Inc., plaintiff-respondent, v Bottini Station Holdings, LLC, et al., defendants- respondents, et al., defendants; Donuts of Route 9, LLC, et al., nonparty-appellants. (Index No. 1184/11)
| DECISION & ORDER ON MOTION |
Motion by Donuts of Route 9, LLC, and Donuts of Fishkill, LLC, for leave to appeal to this Court from an order of the Supreme Court, Dutchess County, dated March 8, 2011, and, in effect, to enjoin the plaintiff-respondent from purchasing and the defendants-respondents from selling or transferring the subject real property, pending hearing and determination 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 for leave to appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court