| NC Two, LP v 80 Water View, LLC |
| Motion No: 2011-06370 |
| Slip Opinion No: 2011 NY Slip Op 87476(U) |
| Decided on October 21, 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
M127639
S/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2011-06370 NC Two, LP, respondent, v 80 Water View LLC, defendant; Robert Kaswell, nonparty- appellant.
(Index No. 27216/10)
| DECISION & ORDER ON MOTION |
Appeal by the nonparty-appellant Robert Kaswell from an order of the Supreme Court, Westchester County, dated July 5, 2011. By decision and order on motion of this Court dated August 1, 2011, the appellant's motion to stay the sale of certain real property of the defendant 80 Water View, LLC, or to stay distribution of any proceeds of the sale, pending hearing and determination of the appeal, was granted on condition that the appeal was perfected on or before September 20, 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 dated August 1, 2011, is vacated forthwith.
DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court