| Eltingville Lutheran Church v Rimbo |
| Motion No: 2018-10246 |
| Slip Opinion No: 2019 NY Slip Op 77350(U) |
| Decided on August 13, 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
M265195
E/sl
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
LINDA CHRISTOPHER, JJ.
|
2018-10246 Eltingville Lutheran Church, appellant, v Robert Rimbo, etc., et al., respondents. (Index No. 150331/16)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Richmond County, dated August 23, 2018, which was determined by a decision and order of this Court dated July 31, 2019, to restrain the appellant, or anyone acting on its behalf, from disposing of its property or leasing, selling, or encumbering the subject school building, and to vacate a stay contained in a decision and order on motion of this Court dated October 12, 2018.
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 to restrain the appellant, or anyone acting on its behalf, from disposing of its property or leasing, selling, or encumbering the subject school building is denied; and it is further,
ORDERED that the branch of the motion which is to vacate the stay contained in the decision and order on motion of this Court dated October 12, 2018, is denied as academic.
CHAMBERS, J.P., MILLER, LASALLE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court