| Vitiello v Board of Managers of Surfside Village Condomi |
| Motion No: 2011-05759 |
| Slip Opinion No: 2011 NY Slip Op 80914(U) |
| Decided on August 12, 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
M124401
E/sl
A. GAIL PRUDENTI, P.J.
RANDALL T. ENG
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
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2011-05759, 2011-05760 Doris Vitiello, et al., respondents, v Board of Managers of Surfside Village Condominium I, defendant, Board of Managers of Surfside Village Condominium II, appellant. (Appeal No. 1) Holli Belvery, respondent, v Surfside Village Condominium I, et al., defendants, Surfside Village Condominium II, et al., appellants. (Appeal No. 2) (Index Nos. 101703/09, 101704/09)
| DECISION & ORDER ON MOTION |
Motion by Surfside Village Condominium II and Board of Managers of Surfside Village Condominium II, inter alia, for leave to appeal to this Court from two orders of the Supreme Court, Richmond County, both dated June 14, 2011, to consolidate the appeals, and to stay enforcement of the orders pending hearing and determination of the appeals. Cross motion by the respondent Holli Belvery to stay enforcement of a decision the same court dated January 6, 2011.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the orders are appealable as of right (see CPLR 5701[a]); and it is further,
ORDERED that the motion papers are deemed to be a timely notice of appeal; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
PRUDENTI, P.J., ENG, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court