Marie Holdings Inc. v Biclyn Corp.et al.

Motion No: M-6047

Slip Opinion No: 2016 NYSlipOp 96130(U)

Decided on December 29, 2016

Appellate Division, First 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.

December 29, 2016

Marie Holdings, Inc.,

Plaintiff,

v

Biclyn Corp.,et al.,

Defendants,

132 W 130th LLC,

Proposed Intervenor.

Proposed intervenor having moved for a stay of proceedings, including judicial sale of certain premises, pending hearing and determination of the purported appeal taken from the order of the Supreme Court, New York County, entered on or about October 11, 2016 (M-5172), And, plaintiff having cross-moved to dismiss the purported appeal, as from a non-appealable paper (M-6047), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion for a stay of proceedings and other relief is denied (M-5172). The cross motion is granted

and the purported appeal is dismissed (M-6047). The stay of the

foreclosure sale granted in an interim order by a Justice of this Court on October 11, 2016, is vacated.ENTERED: December 29, 2016

_____________________ CLERK

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, John W. Sweeny, Jr. Dianne T. Renwick Sallie Manzanet-Daniels Paul G. Feinman, Justices

M-6047

M-5172

Index No. 810052/11