43 Bronx Riv. Rd. Owners, Inc. v Jeannine Novelli
Motion No: 2009-02283 wc
Slip Opinion No: 2010 NY Slip Op 79857(U)
Decided on August 4, 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 9th & 10th judicial Districts

MELVYN TANENBAUM, J.P.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2009-2283 W C
43 Bronx River Road Owners, Inc., Respondent, v Jeannine Novelli, Appellant.

Motion by appellant to continue a stay pending the determination of an appeal from a final judgment of the City Court of Yonkers, Westchester County, entered August 31, 2009. Cross motion by respondent to vacate the stay.

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

ORDERED that the motion by appellant to continue the stay contained in the order of this court dated January 6, 2010 is granted on condition that appellant perfect the appeal by November 5, 2010. Appellant shall continue to comply with the other conditions contained in the order of January 6, 2010; and it is further,

ORDERED that in the event that the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice; and it is further,

ORDERED that the cross motion by respondent to vacate the stay is denied.

ENTER:

Angela G. Iannacci

Associate Justice