| Board of Managers of Britton Condominium v C.H.P.Y. R |
| Motion No: 2011-10084 |
| Slip Opinion No: 2011 NY Slip Op 89744(U) |
| Decided on November 16, 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
M128867
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-10084 Board of Managers of Britton Condominium, respondent, v C.H.P.Y. Realty Associates, appellant. (Index No. 17732/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated September 6, 2011, pending hearing and determination of an appeal therefrom. Application by the respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is dismissed without prejudice to making a formal motion (see CPLR 8022[b]).
SKELOS, J.P., HALL, LOTT and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court