Matter of 684 Flushing Avenue, Brooklyn, New York
Motion No: 2012-09130
Slip Opinion No: 2012 NY Slip Op 89219(U)
Decided on October 29, 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

M145711

E/sl

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-09130

In the Matter of 684 Flushing Avenue,

Brooklyn, New York.

Roberto Gonzalez, et al., appellants;

684 Flushing Gardens, LLC, respondent.

(Index No. 15558/12)

DECISION & ORDER ON MOTION

Motion by the petitioners for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated October 4, 2012, and, inter alia, to enjoin the respondent from entering the subject premises, pending hearing and determination of the appeal, and to direct an immediate trial of the above-entitled proceeding.

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 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.

FLORIO, J.P., LEVENTHAL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court