| Matter of Carpenter v Laube |
| Motion No: 2013-08966 |
| Slip Opinion No: 2013 NY Slip Op 86867(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. |
Appellate Division: Second Judicial Department
M163099
E/ct
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-08966 In the Matter of Angie Carpenter, etc., petitioner-respondent, v Timothy Laube, et al., appellants, et al., respondents. (Index No. 23762/13)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of an appeal from a final order of the Supreme Court, Suffolk County, dated September 23, 2013, or, in the alternative, pursuant to CPLR 5518, 5519(c), and 6301 to stay enforcement of the final order or enjoin the petitioner-respondent from enforcing the final order pending hearing and determination of the appeal, and to expedite 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 as academic (see Matter of Carpenter v Laube, _______AD3d________, 2013 NY Slip Op 06290 [2d Dept 2013]).
DILLON, J.P., DICKERSON, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court