Austen v 89 Bonnie Realty Corp.
Motion No: 2023-02092
Slip Opinion No: 2023 NY Slip Op 66997(U)
Decided on May 17, 2023
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

M289040

AFA/

BETSY BARROS, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

LILLIAN WAN, JJ.

2023-02092

Leonard A. Austen, plaintiff,

v 89 Bonnie Realty Corp., defendant.

(Index No. 704039/2023)

DECISION & ORDER ON MOTION

Motion by the plaintiff, inter alia, for leave to appeal to this Court from the denial of an application to sign an order to show cause of the Supreme Court, Queens County, which occurred on February 27, 2023, and to stay the auction of the shares and proprietary lease appurtenant to the subject premises, 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 motion is otherwise denied as academic.

BARROS, J.P., CHRISTOPHER, WARHIT and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court