NYCTL 1998-2 Trust v Ocean Gate Estate Homeowners A
Motion No: 2014-08067
Slip Opinion No: 2014 NY Slip Op 89978(U)
Decided on November 17, 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

M182862

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX, JJ.

2014-08067

NYCTL 1998-2 Trust, etc., plaintiff,

v Ocean Gate Estate Homeowners Association,

Inc., respondent, et al., defendants; Fulton

Capital, SI, LLC, nonparty-appellant.

(Index No. 101384/11)

DECISION & ORDER ON MOTION

Motion by the appellant (1) to stay all proceedings in the above-entitled action, (2) to enjoin the plaintiff from releasing the subject tax lien, (3) and to enjoin the respondent from selling, mortgaging, or leasing or otherwise encumbering the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated June 27, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

BALKIN, J.P., LEVENTHAL, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court