35-33 36th Street Corp. v EIB Studio Square, LLC
Motion No: 2016-03905
Slip Opinion No: 2016 NY Slip Op 75800(U)
Decided on June 7, 2016
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

M212824

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2016-03905

35-33 36th Street Corp., et al., respondents,

v EIB Studio Square, LLC, appellant.

(Index No. 702142/16)

DECISION & ORDER ON MOTION

2016-03918

35-33 36th Street Corp., et al., plaintiffs,

v EIB Studio Square, LLC, defendant.

(Index No. 702142/16)

Motion by EIB Studio Square, LLC, for leave to appeal to this Court from two orders of the Supreme Court, Queens County, entered February 26, 2016, and April 11, 2016, respectively, and, inter alia, in effect, to stay enforcement of stated portions of the order entered February 26, 2016, 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 for leave to appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order entered February 26, 2016, is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

LEVENTHAL, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court