Kondaur Capital Corporation v Guarascio
Motion No: 2013-04622
Slip Opinion No: 2013 NY Slip Op 73771(U)
Decided on May 15, 2013
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

M156373

E/nl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2013-04622

Kondaur Capital Corporation, respondent,

v Luigi Guarascio, et al., appellants, et al.,

defendant.

(Index No. 14875/10)

DECISION & ORDER ON MOTION

Motion by Lugi Guarascio and Bernard Guarascio for leave to appeal to this Court from an order of the Supreme Court, Rockland County, dated April 25, 2013, and, inter alia, to stay the auction sale of the subject premises, 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 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.

DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court