Kondaur Capital Corporation v McGarvey
Motion No: 2011-03459
Slip Opinion No: 2011 NY Slip Op 71742(U)
Decided on May 4, 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

M119500

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2011-03459

Kondaur Capital Corporation, plaintiff,

v William G. McGarvey, et al., defendants.

(Index No. 32567-07)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated April 13, 2011, and, inter alia, in effect, to stay the sale of the subject premises, 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 the motion is otherwise denied as academic.

ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court