S & C Investors II, LLC v Touch of Class Builders, Inc.
Motion No: 2011-02263
Slip Opinion No: 2011 NY Slip Op 76655(U)
Decided on June 24, 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

M122112

E//ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-02263

S & C Investors II, LLC, appellant,

v Touch of Class Builders, Inc., respondent,

Best Building & Supply Corp., et al., defendants.

(Index No. 12286-05)

DECISION & ORDER ON MOTION

Appeal by S & C Investors II, LLC, from an order of the Supreme Court, Suffolk County, dated January 4, 2011. By decision and order on motion of this Court dated March 31, 2011, as amended by decision and order on motion of this Court dated May 3, 2011, entry of any judgment upon the order dated January 4, 2011, and cancellation of a certain notice of pendency was stayed on condition that the appeal was perfected on or before June 2, 2011. The appeal has not been perfected

Now, on the Court's own motion, it is

ORDERED that the stay granted by the decision and order on motion of this Court dated March 3, 2011, as amended by the decision and order on motion of this Court dated May 3, 2011, is vacated.

DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court