| Sheila Properties, Inc. v A Real Good Plumber, Inc |
| Motion No: 2007-00964 |
| Slip Opinion No: 2007 NYSlipOp 74389(U) |
| Decided on July 26, 2007 |
| 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
M57644
E/mv
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
WILLIAM E. McCARTHY
THOMAS A. DICKERSON, JJ.
|
2007-00964, 2007-03221, 2007-06058 Sheila Properties, Inc., respondent, v A Real Good Plumber, Inc., et al., defendant, Elizabeth Kelleher, appellant. (Index No. 1103/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from three orders of the Supreme Court, Kings County, dated December 20, 2006, March 2, 2007, and May 30, 2007, respectively, to stay enforcement the order dated May 30, 2007, pending hearing and determination of the appeals, to consolidate the appeals, and to enlarge the time to perfect the appeal from the order dated December 20, 2006.
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 to stay enforcement of the order dated May 30, 2007, is granted to the extent that so much of the order as directed the payment of rent arrears for the year 2006 is stayed pending hearing and determination of the appeals on condition that (1) the appeals are perfected on or before September 10, 2007, and (2) the appellant pay rent in the sum of $1,800 per month commencing August 1, 2007, and payable on the first of each month thereafter, and that branch of the motion is otherwise denied; and it is further,
ORDERED that in the event the appellant fails to comply with the foregoing conditions 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 branch of the motion which is to enlarge the time to perfect the appeal from the order dated December 20, 2006 (Appellate Division Docket No. 2007-00964), is granted, the appellant's time to perfect the appeal is enlarged until September 10, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).
RIVERA, J.P., COVELLO, McCARTHY and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court