Appelbaum v Perfecto Distributors, LLC
Motion No: 2011-09724
Slip Opinion No: 2011 NY Slip Op 93797(U)
Decided on December 23, 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

M130816

E/sl

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-09724

Murray Appelbaum, respondent,

v Perfecto Distributors, LLC, defendant;

Selecto Holdings, LLC, nonparty-appellant.

(Index No. 11-50319)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated September 26, 2011, to vacate a stay of enforcement of a judgment of the same court entered June 28, 2011, pending hearing and determination of the appeal, which was granted by decision and order on motion of this Court dated November 7, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the stay granted by decision and order on motion of this Court dated November 7, 2011, is vacated.

ANGIOLILLO, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court