| 255 Butler Associates, LLC v 255 Butler, LLC |
| Motion No: 2017-10260 |
| Slip Opinion No: 2019 NY Slip Op 77551(U) |
| Decided on August 16, 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
M265317
E/sl
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2017-10260 255 Butler Associates, LLC, respondent, v 255 Butler, LLC, appellant. (Index No. 511560/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated September 14, 2017, which was determined by decision and order of this Court dated June 5, 2019, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motion by the respondent, inter alia, to stay enforcement of the decision and order of this Court dated June 5, 2019, pending determination of the motion for leave to reargue or leave to appeal to the Court of Appeals. Separate motion by the respondent, inter alia, to modify a temporary restraining order contained in an order to show cause of this Court dated June 6, 2019.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue or leave to appeal to the Court of Appeals is denied, with $100 costs; and it is further,
ORDERED that the motion, inter alia, for a stay and the motion, inter alia, to modify a temporary restraining order are denied as academic.
AUSTIN, J.P., COHEN, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court