| Waldman v Kay |
| Motion No: 2011-03268 |
| Slip Opinion No: 2012 NY Slip Op 61612(U) |
| Decided on January 19, 2012 |
| 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
M131922
E/sl
MARK C. DILLON, J.P.
RANDALL T. ENG
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2011-03268 Edward J. Waldman, et al., respondents, v Steven Kay, et al., appellants. (Index No. 8451-11)
| DECISION & ORDER ON MOTION |
Appeal by Steven Kay, Howard Schnell, Thomas McCrohan, Joseph Mule, and Grace Cowitt, constituting the Board of Directors of The Colony at Holbrook Homeowners Association, Inc., and The Colony at Holbrook Homeowners Association, Inc., by permission, from an order of the Supreme Court, Suffolk County, dated March 22, 2011. By decision and order on motion of this Court dated April 18, 2011, the appellants' motion for leave to appeal to this Court, and, in effect, to stay enforcement of stated portions of the order pending hearing and determination of the appeal was granted. The appellants have not perfected the appeal.
Now, on the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]), and the stay granted by the decision and order on motion dated April 18, 2011, is vacated.
DILLON, J.P., ENG, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court