Behar v Schmidt
Motion No: 2011-01613
Slip Opinion No: 2011 NY Slip Op 70166(U)
Decided on April 15, 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

M118720

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-01613

Mario Behar, appellant,

v Jack Schmidt, et al., respondents.

(Index No. 11721/08)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate so much of a decision and order on motion of this Court dated March 9, 2011, as dismissed an appeal from an order of the Supreme Court, Queens County, dated November 22, 2010, and for leave to reargue his prior motion, inter alia, to stay certain proceedings in the Civil Court of the City of New York, Queens County, pending hearing and determination of the appeal, which was determined by the order dated March 9, 2011.

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

ORDERED that the motion is denied.

RIVERA, J.P., ANGIOLILLO, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court