| Angelo Merenda v Howard L. Fried |
| Motion No: 2010-00870 wc |
| Slip Opinion No: 2010 NY Slip Op 86505(U) |
| Decided on October 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
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Angelo Merenda, Respondent, v Howard L. Fried, Appellant. |
Motion by respondent on appeals from orders of the City Court of New Rochelle, Westchester County, entered December 3, 2009 and April 19, 2010, to vacate a stay contained in an order of this court dated June 21, 2010 based on appellant's failure to comply with the payment term thereof. Motion by appellant for leave to reargue his prior motion for a stay, which was determined by the order of this court dated June 21, 2010, on the ground that the payments directed do not represent the fair value of use and occupancy. Motion by appellant for an enlargement of time to file reply papers on his motion for leave to reargue. Motion by appellant to continue the stay and for an enlargement of time to perfect the appeal on the ground that the trial minutes are not available.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motion by appellant for an enlargement of time to file reply papers is granted and the reply papers are deemed timely served and filed; and it is further,
ORDERED that the remaining motions are held in abeyance for 30 days and the matter is remitted to the City Court of New Rochelle to report, following a hearing, whether the trial testimony can be reconstructed, and, if so, to submit the reconstructed record, and to determine, following said hearing, the fair value of the use and occupancy of the premises. The City Court shall file its report and the record, if any, with all convenient speed.
ENTER:
Paul Kenny
Chief Clerk