| Miller v Brunner |
| Motion No: 2019-00879 |
| Slip Opinion No: 2019 NY Slip Op 63541(U) |
| Decided on February 20, 2019 |
| 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
M260283
E/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2019-00879 Chaim Miller, et al., appellants, v Joseph Brunner, et al., defendants, Dupont Street Developers, LLC, respondent. (Index No. 509929/18)
| DECISION & ORDER ON MOTION |
Motion by Chaim Miller and 49 Dupont Lofts, LLC, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated January 16, 2019, to stay enforcement of the order, pending hearing and determination of the appeal, and pursuant to CPLR 5704 to vacate stated portions of the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are for leave to appeal and pursuant to CPLR 5704 to vacate stated portions of the order are denied; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court