Home Construction Corp. v Beaury
Motion No: 2014-06600
Slip Opinion No: 2014 NY Slip Op 80215(U)
Decided on August 12, 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

M178300

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

BETSY BARROS, JJ.

2014-06600, 2014-06612

Home Construction Corp., appellant,

v Michael Beaury, et al., respondents.

(Index No. 4483/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered May 9, 2014, and a judgment of the same court entered May 19, 2014, to vacate certain restraining notices, levies, and information subpoenas, and, in effect, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(2), pending hearing and determination of the appeals.

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, in effect, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(2) is denied without prejudice to seeking appropriate relief in the Supreme Court; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, LOTT and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court