| Riverview Industries, Inc. v 3006 Route 9 Realty Corp. |
| Motion No: 2006-10533 |
| Slip Opinion No: 2006 NYSlipOp 81451(U) |
| Decided on December 7, 2006 |
| 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. |
Appellate Division: Second Judicial Department
M47697
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-10533 Riverview Industries, Inc., appellant, v 3006 Route 9 Realty Corp., respondent.
(Index No. 1110/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Putnam County, dated July 10, 2006, to enjoin the respondent from selling, conveying, transferring, or encumbering the premises located at 3006 Route 9, Cold Spring, New York, or interfering with the appellant's use of or evicting the appellant from those premises, pending hearing and determination of the appeal. Application by the appellant to submit reply papers.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition to the motion, it is
ORDERED that the motion is granted and the respondent is enjoined from selling, conveying, transferring, or encumbering the premises located at 3006 Route 9, Cold Spring, New York, or interfering with the appellant's use of or evicting the appellant from those premises, pending hearing and determination of the appeal on condition that the appellant (1) serve and file an undertaking with corporate surety in the sum of $25,000 in the office of the County Clerk of Putnam County on or before December 22, 2006, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the appellant's conduct during the period that the stay was in effect and (2) perfect the appeal on or before January 8, 2007, (3) continue to pay rent in the sum of $1,000 per month, as well as all real estate taxes, electric utility bills, and snow removal and lawn maintenance costs for the subject premises; and it is further,
ORDERED that in the event that the appellant does not comply with the conditions set forth above, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the application is denied.
MASTRO, J.P., RIVERA, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court