Levittown Pizzeria and Restaurant, LLC v AJJ Portofino, I
Motion No: 2012-05152
Slip Opinion No: 2012 NY Slip Op 76907(U)
Decided on June 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M139492

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-05152

Levittown Pizzeria and Restaurant, LLC, etc.,

plaintiff, v AJJ Portofino, Inc., etc., et al., defendants.

(Index No. 5489/13)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated May 2, 2012, and, inter alia, to enjoin the respondents from operating a business using the name "Porto Fino Ristorante," pending hearing and determination of the appeal.

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 leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court