| 15 New St. Group, LLC & Huntington New St., LLC As Successors To Trust of Michael J. Loturco v Gsmj Rest. Corp. |
| Motion No: 2013-01602 sc |
| Slip Opinion No: 2013 NY Slip Op 93378(U) |
| Decided on November 29, 2013 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| 15 New Street Group, LLC and Huntington New Street, LLC As Successors To the Trust of Michael J. Loturco, Respondents, v Gsmj Restaurant Corp., Appellant and IBM Restaurant, Inc., Tenant. |
Motion by respondents on an appeal from an order of the District Court of Suffolk County, Third District, dated July 22, 2013, to vacate a stay granted by decision and order of this court dated September 19, 2013, and for the release of funds on deposit.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the stay contained in the decision and order of this court dated September 19, 2013 is denied as moot, as the appeal was dismissed by an order of this court dated November 13, 2013; and it is further,
ORDERED that the branch of the motion seeking the release of funds on deposit is granted and the District Court is directed to release the funds on deposit in this mater to Samuel DiMeglio, Esq., the referee appointed by the Supreme Court of Suffolk County in a partition action between respondents.
ENTER:
Paul Kenny
Chief Clerk