Mazzei v All Island Equity, Inc.
Motion No: 2012-06118
Slip Opinion No: 2012 NY Slip Op 78871(U)
Decided on July 16, 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

M140748

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

MARK C. DILLON

ARIEL E. BELEN, JJ.

2012-06118

Michael Mazzei, appellant,

v All Island Equity, Inc., et al., respondents.

(Index No. 13529/10)

DECISION & ORDER ON MOTION

Motion by Michael Mazzei for leave to appeal to this Court from an order of the Supreme Court, Nassau County, entered June 19, 2012, and to stay enforcement of that order pending hearing and determination of the appeal.

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 branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the temporary restraining order contained in the order to show cause dated June 29, 2012, is extended until five days after the date of this decision and order on motion.

RIVERA, J.P., SKELOS, DILLON and BELEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court