| Express Tire and Auto Service, Inc. v 535 Realty Co., Inc. |
| Motion No: 2019-01497 |
| Slip Opinion No: 2019 NY Slip Op 65724(U) |
| Decided on March 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
M261190
E/mm
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2019-01497 Express Tire and Auto Service, Inc., respondent, v 535 Realty Co., Inc., et al., defendants, Atlantis Management Group, appellant. (Index No. 80013/19)
| DECISION & ORDER ON MOTION |
Motion by Atlantis Management Group for leave to appeal to this Court from an order to show cause of the Supreme Court, Richmond County, dated February 4, 2019, and, in effect, to stay enforcement of a temporary restraining order contained in the order to show cause, pending hearing and determination of the appeal, and pursuant to CPLR 5704 to vacate the temporary restraining 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 the temporary restraining 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.
MASTRO, J.P., LEVENTHAL, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court