Binenti v Lynn
Motion No: 2018-03348
Slip Opinion No: 2018 NY Slip Op 70244(U)
Decided on April 20, 2018
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

M249101

E/rr

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2018-03348, 2018-03349, 2018-04283

Thomas Binenti, et al., appellants,

v Lawrence Lynn, et al., defendants-respondents;

30-40 Fleetwood Avenue Corp., et al.,

defendants third-party plaintiffs-respondents;

Laura Hanna, third-party defendant-respondent.

(Index No. 61539/16)

DECISION & ORDER ON MOTION

Motion by Thomas Binenti and Elba Figueroa for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated March 2, 2018, and, inter alia, to stay enforcement of that order, pending hearing and determination of appeals from the order dated March 2, 2018, and two orders of the same court dated December 12, 2017, and February 23, 2018, respectively.

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 dated March 2, 2018, is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied.

AUSTIN, J.P., ROMAN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court