| Broadway & Berry Assoc. v Luisa Westerband |
| Motion No: 2010-00390 kc |
| Slip Opinion No: 2010 NY Slip Op 81083(U) |
| Decided on August 25, 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
| Broadway & Berry Associates, Respondent, v Luisa Westerband, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 19, 2010, to vacate a stay contained in an order of this court dated April 8, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion by respondent to vacate the stay contained in the order of this court dated April 8, 2010 is denied on condition that appellant perfect the appeal by October 1, 2010 and continue to comply with the other conditions contained in the order of this court dated April 8, 2010; and it is further,
ORDERED that in the event that any of 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.
ENTER:
Michael L. Pesce
Presiding Justice