| Valerie J. Smith v Paula Humphrey, Bernard Halley & Jovan Humphrey |
| Motion No: 2010-00681 kc |
| Slip Opinion No: 2010 NY Slip Op 77244(U) |
| Decided on July 15, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Valerie J. Smith, Respondent, v Paula Humphrey, Bernard Halley and Jovan Humphrey, Appellants, and John Doe and Jane Doe, Undertenants. |
Motion by appellants, in essence, for leave to reargue their prior motion for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 9, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,
ORDERED that the motion by appellants, in essence, for leave to reargue is granted and upon reargument the order of this court dated June 4, 2010 is recalled and vacated, and the motion by appellants for a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before October 1, 2010; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Michael L. Pesce
Presiding Justice