DiGiorgio v 1109-1113 Manhattan Avenue Partners, LLC
Motion No: 2011-08610
Slip Opinion No: 2011 NY Slip Op 85735(U)
Decided on October 5, 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

M126896

E/sl

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-08610, 2011-08630

Vincent DiGiorgio, et al., appellants,

v 1109-1113 Manhattan Avenue Partners, LLC,

et al., respondents.

(Index No. 8235/11)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to stay their eviction from the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, both dated August 4, 2011, and for a preference in the calendaring of the appeals.

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 a stay is denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied with leave to renew after all of the briefs have been filed.

SKELOS, J.P., LOTT, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court