| Boucan NYC Cafe, LLC v 467 Rogers, LLC |
| Motion No: 2017-11329 |
| Slip Opinion No: 2017 NY Slip Op 93382(U) |
| Decided on November 27, 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
M241958
E/ct
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
LINDA CHRISTOPHER, JJ.
|
2017-11329 Boucan NYC Cafe, LLC, respondent, v 467 Rogers, LLC, appellant. (Index No. 513856/17)
| DECISION & ORDER ON MOTION |
Motion by 467 Rogers, LLC, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated October 25, 2017, and to stay enforcement of the order, 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 as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated October 25, 2017, is granted and enforcement of the order is stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 27, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 27, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
BALKIN, J.P., HALL, COHEN and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court