Opinion
Index No. 510224/2021 Motion 2021-07924
01-21-2022
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P. COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, REINALDO E. RIVERA, JJ.
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.