| MORGAN RV PARK MANAGEMENT, LLC, MORGAN RV PARK INVESTMENTS, LLC, ATLANTIC BLUEBERRY HILL RV RESORT LLC, BLUE BERRY HILL |
| Motion No: CA 14-02304 |
| Slip Opinion No: 2015 NY Slip Op 64975(U) |
| Decided on February 24, 2015 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 14-02304
| MORGAN RV PARK MANAGEMENT, LLC, MORGAN RV PARK INVESTMENTS, LLC,
ATLANTIC BLUEBERRY HILL RV RESORT LLC, BLUE BERRY HILL RV LLC, BUENA VISTA RV LLC, COLD BROOK LLC, CRYSTAL LAKE RV RESORT, LLC, GRAND
LAKE RV AND GOLF RESORT LLC, MAYS LANDING RV RESORT, LLC, MOUNTAIN PINES RV RESORT LLC, PINES ACRES RV RESORT, LLC, ROUNDUP LLC,
STONE BRIDGE LLC, THREE LAKES RV PARK, LLC, BLUE BERRY HILL RV SPE LLC, BUENA VISTA RV SPE LLC, COLD BROOK SPE LLC, ROUNDUP SPE LLC, AND
ROBERT MORGAN, PLAINTIFFS-RESPONDENTS, V COMM 2006-C8 RV PARK MASTER SPE, LLC, DEFENDANT-APPELLANT AND
TREMONT/MORGAN PARTNERS I, LLC, DEFENDANT. |
Appellant having moved to vacate the preliminary injunction granted by order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 6, 2014, pending the determination of the appeal from said order or, in the alternative, to modify the undertaking set forth in said order and to expedite the appeal taken herein from said order,
Now, upon reading and filing the affirmation of Jeffrey I. Wasserman, Esq., dated December 23, 2014, the notice of motion with proof of service thereof, and the affirmation of Joseph Barbiere, Esq., dated January 30, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the amount of the undertaking set forth in said order entered November 6, 2014, is modified during the pendency of this appeal such that the amount of the undertaking is now set at $300,000, and
It is further ORDERED that the above modification of the undertaking is conditioned on appellant perfecting the appeal on or before March 20, 2015, in which case the undertaking in the amount of $300,000 shall be given by respondents on or before April 3, 2015, and
It is further ORDERED that if the appeal is perfected on or before March 20, 2015, and the undertaking in the amount of $300,000 is not given on or before April 3, 2015, Supreme Court's preliminary injunction set forth in said order entered November 6, 2014, is hereby vacated during the pendency of the appeal without further order, and
It is further ORDERED that if the appeal is perfected on or before March 20, 2015, the appeal shall be placed on the Court's calendar for the term commencing May 18, 2015, and
It is further ORDERED that the remainder of the motion is denied.
Entered: February 24, 2015
Frances E. Cafarell, Clerk