| Shefa Trading III, LLC v E.N.Y. Plaza, LLC |
| Motion No: 2018-10506 |
| Slip Opinion No: 2018 NY Slip Op 87164(U) |
| Decided on October 26, 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. |
Appellate Division: Second Judicial Department
M256871
E/afa
REINALDO E. RIVERA, J.P.
MARK C. DILLON
CHERYL E. CHAMBERS
BETSY BARROS, JJ.
|
2018-10506, 2018-10560 Shefa Trading III, LLC, appellant, v E.N.Y. Plaza, LLC, respondant. (Index No. 502441/15)
| DECISION & ORDER ON MOTION |
Motion by Shefa Trading III, LLC, for leave to appeal to this Court from two orders of the Supreme Court, Kings County, dated August 3, 2018, and September 7, 2018, respectively, to stay enforcement of the orders and to stay the sale, transfer, lease, mortgage, or other encumbrance of the subject premises, pending hearing and determination of the appeals, and to consolidate the appeals.
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 orders are 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 orders and to stay the sale, transfer, lease, mortgage, or other encumbrance of the subject premises is granted, and enforcement of the orders and the sale, transfer, lease, mortgage, or other encumbrance of the subject premises, located at 1040 East New York Avenue, Brooklyn, New York, are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before November 26, 2018; and it is further,
ORDERED that in the event the appeals are not perfected on or before November 26, 2018, 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; and it is further,
ORDERED that the respondent shall serve and file a brief, if any, on or before December 26, 2018; and it is further,
ORDERED that the appellant shall serve and file a reply brief, if any, on or before January 7, 2019; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).
RIVERA, J.P., DILLON, CHAMBERS and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court