Qpii-143-44 Sanford Ave. Llp. v Eric L. Spinner
Motion No: 2009-02442 qc
Slip Opinion No: 2010 NY Slip Op 71637(U)
Decided on April 28, 2010
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 of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

JOSEPH G. GOLIA, J.P.

MICHAEL L. PESCE

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2009-02442 Q C
QPII-143-44 Sanford Avenue LLP., respondent, v
Eric L. Spinner, appellant.

Motion by landlord-respondent to vacate the stay contained in an order of this court dated February 3, 2010 and a cross motion by tenant-appellant for sanctions and costs on an appeal from an order of the Civil Court of the City of New York, Queens County, dated November 18, 2009.

Upon the papers filed in support of said motion and cross motion, and the papers filed in opposition thereto, it is,

ORDERED that the motion by landlord-respondent to vacate the stay contained in the order of this court dated February 3, 2010 is denied. Tenant-appellant shall continue to comply with the conditions contained in the order of February 3, 2010 and shall perfect the appeal by July 2, 2010; and it is further,

ORDERED that the cross motion by tenant-appellant for sanctions and costs is denied.

ENTER:

Joseph G. Golia

Justice Presiding