Capstone Business Credit, LLC v Imperia Family Realty, L
Motion No: 2011-07285
Slip Opinion No: 2011 NY Slip Op 82201(U)
Decided on August 29, 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

M125140

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2011-07285

Capstone Business Credit, LLC, plaintiff,

v Imperia Family Realty, LLC, et al., defendants

(and other titles).

(Index No. 05-15002)

DECISION & ORDER ON MOTION

Motion by Capstone Business Credit, LLC, Imperia Masonry Supply Corp., and Masonry Supply Holding Corp., in effect, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated August 2, 2011, and to stay enforcement of so much of the order as directed them to post a bond in the sum of $200,000 as a condition of a stay of a certain holdover proceeding, 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.

COVELLO, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court