| Bank of New York v Sternberg |
| Motion No: 2016-06085 |
| Slip Opinion No: 2016 NY Slip Op 78793(U) |
| Decided on July 6, 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. |
Appellate Division: Second Judicial Department
M214396
E/afa
THOMAS A. DICKERSON, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2016-06085 Bank of New York, etc., plaintiff, v Elaine H. Sternberg, et al., defendants; Joseph Rafael, LLC, nonparty. (Index No. 6026/08)
| DECISION & ORDER ON MOTION |
Motion by Joseph Rafael, LLC, for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated June 13, 2016, and to stay the referee from retaining the down payment for the subject premises, pending hearing and determination of the appeal.
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 the motion is otherwise denied as academic.
DICKERSON, J.P., MILLER, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court