| At & A Servs. Sta., Inc. v Worjee Bedian a/k/a Jacob Bedian |
| Motion No: 2009-01185 QC |
| Slip Opinion No: 2009 NY Slip Op 87717(U) |
| Decided on October 29, 2009 |
| Appellate Term, 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 TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS
| AT & A SERVICES STATION, INC., Respondent, -against- WORJEE BEDIAN a/k/a JACOB BEDIAN, Appellant, -and- "JOHN DOE" AND "JANE DOE", Respondents. |
DECISION
Motion by landlord-respondent to vacate the stay contained in the order of this court dated August 20, 2009 is denied without prejudice to renewal upon proper notice.
The order of this court dated August 20, 2009 required that a notice of motion and supporting affidavits to vacate the stay be served at least three days before the time at which the motion is noticed to be heard. CPLR 2103 (b) (2) provides that when service is by regular mail, five business day shall be added to the prescribed period. Movant failed to provide the requisite eight days' notice.