Goldman v Rose Castle Redevelopment II, LLC
Motion No: 2021-07924
Slip Opinion No: 2022 NY Slip Op 60718(U)
Decided on January 21, 2022
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

M281149

E/mb

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

REINALDO E. RIVERA, JJ.

2021-07924

Yoel Goldman, appellant-respondent,

v Rose Castle Redevelopment II, LLC,

et al., respondents-appellants, et al., respondents.

(Index No. 510224/2021)

DECISION & ORDER ON MOTION

Appeal and cross appeals from an order of the Supreme Court, Kings County, dated September 30, 2021. Motion by the respondent-appellant Rose Castle Redevelopment II, LLC, the respondents Franklin Realty Owners LLC, and Lotus Residences LLC, and the defendants Flushing & Little Nassau, LLC, and Wythe Berry, LLC, in effect, for leave to reargue their opposition to the appellant-respondent's motion for a stay of enforcement of the order dated September 30, 2021, pending hearing and determination of the appeal and cross appeals, which was granted in part by decision and order on motion of this Court dated December 17, 2021, or, in the alternative, in effect, to direct the appellants-respondents to post an undertaking as a condition of the stay, for an expedited briefing schedule, for a preference in the calendaring of the appeal and cross appeals, and for an award of costs and attorney's fees.

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

ORDERED that the motion is denied.

DILLON, J.P., DUFFY, BRATHWAITE NELSON and RIVERA, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court