| Neil Bender as one of Adm'rs CTA, et al v Macelleria Rest. |
| Motion No: 570475/09 |
| Slip Opinion No: 2009 NY Slip Op 77724(U) |
| Decided on July 13, 2009 |
| Appellate Term, First 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. |
July 13, 2009
Neil Bender as one of Adm'rs CTA, et al v Macelleria Rest.
It is Ordered that the motion for a stay is denied as academic. The interim order of the Civil Court, dated June 10, 2009, conditionally adjourned the trial date to July 8, 2009, provided that the tenant pay $18,000- to the petitioner by June 23, 2009. Both dates have now passed. This Court granted a stay of so much of the Civil Court order that required that an $18,000.00 payment be made to petitioner. Since the trial should have taken place by now, this motion for a stay of the payment to petitioner, in order to obtain the adjourned trial date, is denied as moot.
By: McKeon, P.J., Heitler, Shulman, J.J.
Motion No. 570475/09