| Coastal Purchasing Group, LLC v JPMCC 2005-CIBC Col |
| Motion No: 2013-02871 |
| Slip Opinion No: 2013 NY Slip Op 78385(U) |
| Decided on June 28, 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. |
Appellate Division: Second Judicial Department
M158323
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2013-02871 Coastal Purchasing Group, LLC, respondent, v JPMCC 2005-CIBC Collins Lodging, LLC, et al., appellants, et al., defendants. (Index No. 8135/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated March 7, 2013, to direct the appellants to post an undertaking as a condition of a stay of enforcement of the order pending hearing and determination of the appeal which was granted by decision and order on motion of this Court dated April 3, 2013. Cross motion by the appellants to impose a sanction upon the respondent and for an award of costs and an attorney's fee. Application by the respondent to withdraw the motion.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the application and the papers filed in response thereto, it is
ORDERED that the application is granted and the motion is deemed withdrawn; and it is further,
ORDERED that the cross motion is denied.
RIVERA, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court