Walter Boss, Inc. v Roncalli Freight Company, Inc.
Motion No: 2019-08692
Slip Opinion No: 2019 NY Slip Op 85206(U)
Decided on December 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M267828

kbp/

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2019-08692

Walter Boss, Inc., et al., appellants,

v Roncalli Freight Company, Inc., respondent,

et al., defendants.

(Index No. 20146/12)

DECISION & ORDER ON MOTION

Motion by the respondent to lift the stay of execution, undertaking, and affidavit of undertaking previously filed by the appellants on an appeal from a judgment of the Supreme Court, Suffolk County, entered July 18, 2019, to direct the Suffolk County Sheriff to recommence proceedings to enforce the judgment, and to strike the undertaking set by the Supreme Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without prejudice to seeking relief in the Supreme Court, Suffolk County.

CHAMBERS, J.P., AUSTIN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court