Board of Managers of Ocean Club at Long Beach Condominium v Moth
Motion No: 2020-04999
Slip Opinion No: 2020 NY Slip Op 69095(U)
Decided on July 24, 2020
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

M272086

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2020-04999

Board of Managers of the Ocean Club at

Long Beach Condominium, respondent,

v Julia Lopez Motherway, et al., appellants.

(Index No. 609742/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered July 2, 2020. Motion by Julia Lopez Motherway and Keith Motherway for leave to appeal to this Court from the order entered July 2, 2020, and to stay the respondent from denying their use of amenities to the subject condominium unit or otherwise interfering with their use of the unit, pending hearing and determination of the appeal.

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 for leave to appeal is denied; and it is further,

ORDERED that 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.

RIVERA, J.P., BALKIN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court