| Lundy's Management Corp. v Sheepshead Restaurant As |
| Motion No: 2014-03646 |
| Slip Opinion No: 2014 NY Slip Op 70894(U) |
| Decided on May 1, 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. |
Appellate Division: Second Judicial Department
M173728
E/ct
RANDALL T. ENG, P.J.
L. PRISCILLA HALL
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
|
2014-03646 Lundy's Management Corp., appellant, v Sheepshead Restaurant Associates, Inc., respondent. (Index No. 502226/13)
| DECISION & ORDER ON MOTION |
Motion by Lundy's Management Corp. for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated April 8, 2014, to stay enforcement of the order, and to stay all proceedings in the above-entitled action, including a hearing on the Yellowstone injunction, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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; and it is further,
ORDERED that on the Court's own motion, the temporary restraining order contained in the order to show cause issued by this Court on April 11, 2014, is vacated forthwith, and the plaintiff's time to comply with the bond requirement contained in the order of the Supreme Court, Kings County, dated April 8, 2014, enforcement of which was stayed by this Court's temporary restraining order, is extended until May 9, 2014.
ENG, P.J., HALL, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court