| TD Bank, N.A. v 126 Spruce Street, LLC |
| Motion No: 2015-00260 |
| Slip Opinion No: 2015 NY Slip Op 63594(U) |
| Decided on February 10, 2015 |
| 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
M187264
E/sl
RANDALL T. ENG, P.J.
MARK C. DILLON
RUTH C. BALKIN
SANDRA L. SGROI, JJ.
|
2015-00260 TD Bank, N.A., etc., plaintiff, Lawrence Equity Holdings, LLC, appellant, v 126 Spruce Street, LLC, et al., defendants, Club Central, LLC, respondent. (Index No. 7715/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay enforcement of two subpoenaes duces tecum, issued to Kenneth J. Glassman and Kenneth P. Horowitz, respectively, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered January 6, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of the two subpoenaes duces tecum, issued to Kenneth J. Glassman and Kenneth P. Horowitz, respectively, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 12, 2015; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 12, 2015, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
ENG, P.J., DILLON, BALKIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court