| Riesenburger Properties, LLLP v PI Associates, LLC |
| Motion No: 2019-00299 |
| Slip Opinion No: 2019 NY Slip Op 64215(U) |
| Decided on February 28, 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
M260232
E/mm
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2019-00299, 2019-00301 Riesenburger Properties, LLLP, respondent, v PI Associates, LLC, et al., appellants. (Index No. 709221/14)
| DECISION & ORDER ON MOTION |
Motion by the appellants PI Associates, LLC, James Pi, and 3909 Main Street, LLC, on appeals from a decision of the Supreme Court, Queens County, entered August 3, 2018, and a judgment of the same court entered December 10, 2018, pursuant to CPLR 5519(c) to stay enforcement of the judgment, to stay the respondent, or anyone acting on its behalf, from evicting the appellants from, or otherwise interfering with their possession or right to, the subject premises, and to stay a hearing on certain issues, pending hearing and determination of the appeals.
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 appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay enforcement of so much of the judgment as is in favor of the respondent and against the appellants PI Associates, LLC, and 3909 Main Street, LLC, in the sum of $2,351,865.69, plus interest, is denied as unnecessary, as an undertaking has been posted pursuant to CPLR 5519(a)(2); and it is further,
ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay the respondent, or anyone acting on its behalf, from evicting the appellants from, or otherwise interfering with their possession or rights to, the subject premises is denied (see CPLR 5519[a][6],[7]); and it is further,
ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay a hearing on certain issues is denied.
SCHEINKMAN, P.J., BALKIN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court