Malone & Sons, Inc. V 2500 Coney Island Avenue Associa
Motion No: 2012-07289
Slip Opinion No: 2012 NY Slip Op 82167(U)
Decided on August 22, 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

M142637

E/ct

MARK C. DILLON, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2012-07289

Malone & Sons, Inc., et al., respondents,

v 2500 Coney Island Avenue Associates, LLC,

appellant, et al., defendants.

(Index No. 501755/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action as well as stated portions of an order of the Supreme Court, Kings County, dated July 26, 2012, pending hearing and determination of an appeal from the order, and for a preference in the calendaring of the appeal

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court