| Carmike Holding 1, LLC v Smith |
| Motion No: 2017-03188 |
| Slip Opinion No: 2017 NY Slip Op 73196(U) |
| Decided on May 9, 2017 |
| 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
M230796
E/afa
REINALDO E. RIVERA, J.P.
SANDRA L. SGROI
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
|
2017-03188 Carmike Holding 1, LLC, respondent, v David Smith, appellant, et al., defendants. (Index No. 5403/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated November 21, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order dated November 21, 2016, is deemed to be a notice of appeal from a judgment of the same court dated November 21, 2016 (see CPLR 5512[a]); and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court