B & N Properties, LLC v Elmar Associates
Motion No: 2014-00138
Slip Opinion No: 2014 NY Slip Op 61883(U)
Decided on January 23, 2014
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

M168542

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2014-00138

B & N Properties, LLC, plaintiff, v Elmar

Associates, LLC, defendant-respondent,

et al., defendants; Zalman Klein, nonparty-

appellant; Aryeh Gutman, nonparty-respondent.

(Index No. 43275/00)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, in effect, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 30, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

MASTRO, J.P., AUSTIN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court