366 Realty LLC v Mizrahi
Motion No: 2013-08244
Slip Opinion No: 2013 NY Slip Op 86857(U)
Decided on October 1, 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

M163103

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-08244

366 Realty, LLC, et al., respondents,

v Joshua Mizrahi, appellant.

(Index No. 504302/13)

DECISION & ORDER ON MOTION

Motion by Joshua Mizrahi for leave to appeal to this Court from an order to show cause of the Supreme Court, Kings County, dated August 16, 2013, and to stay enforcement of a temporary restraining order contained in the order to show cause, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and 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.

RIVERA, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court