NC Two, LP v. 80 Water View LLC

Full title: NC Two, LP, respondent, v. 80 Water View LLC, defendant; Robert Kaswell…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Oct 21, 2011

2011 N.Y. Slip Op. 87476 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-06370 Index No. 27216/10 M127639

10-21-2011

NC Two, LP, respondent, v. 80 Water View LLC, defendant; Robert Kaswell, nonparty- appellant.

MARK C. DILLON

, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Appeal by the nonparty-appellant Robert Kaswell from an order of the Supreme Court, Westchester County, dated July 5, 2011. By decision and order on motion of this Court dated August 1, 2011, the appellant's motion to stay the sale of certain real property of the defendant 80 Water View, LLC, or to stay distribution of any proceeds of the sale, pending hearing and determination of the appeal, was granted on condition that the appeal was perfected on or before September 20, 2011. The appeal has not been perfected.

Now, on the Court's own motion, it is

ORDERED that the stay granted by the decision and order on motion dated August 1, 2011, is vacated forthwith.

DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court