| Matter of Carnelian Farms, LLC v Albernas |
| Motion No: 2015-04053 |
| Slip Opinion No: 2015 NY Slip Op 77843(U) |
| Decided on June 30, 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
M194491
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2015-04053 In the Matter of Carnelian Farms, LLC, et al., respondents, v Julie Albernas, etc., et al., appellants. (Index No. 11705/14)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to this Court from an order of the Supreme Court, Nassau County, entered April 7, 2015. Separate motion by the respondents to vacate any automatic stay in effect pursuant to CPLR 5519(a)(1), or, in the alternative, for an expedited briefing schedule, or, in the alternative, to direct the appellants to post an undertaking in the sum of $1 million.
Upon the papers filed in support of the appellants' motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondents' motion and the papers filed in opposition thereto, it is
ORDERED that the appellants' motion is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the branch of the respondents' motion which is to vacate any automatic stay in effect pursuant to CPLR 5519(a)(1) is denied on condition that the appeal is perfected on or before September 29, 2015; and it is further,
ORDERED that the respondents' motion is otherwise denied.
ENG, P.J., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court