Ira K. Miller, Esq., Receiver v James Noonan
Motion No: 2010-01049 kc
Slip Opinion No: 2010 NY Slip Op 86506(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.


Appellate Term of the Supreme Court

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

MICHELLE WESTON, J.P.

JOSEPH G. GOLIA

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-1049 K C
Ira K. Miller, Esq., Receiver, Respondent, v James Noonan Also Known as Ken Noonan Also Known as James R. Noonan and Maria Noonan Also Known as Maria C. Noonan Also Known as Maria Martino Also Known as Maria Meo Martino Also Known as Maria Moonan, Appellants, and "John Doe and/or Jane Doe", Undertenants.

Motion by appellants for an enlargement of time to perfect their appeals from orders of the Civil Court of the City of New York, Kings County, entered, respectively, February 19, 2010, March 29, 2010, April 30, 2010, and to continue a stay pending the determination of the appeals. Separate motion by respondent to condition the continuation of the stay upon appellants' payment of use and occupancy.

Upon the papers filed in support of the motions and the papers filed in opposition to the motion to condition the continuation of the stay, it is

ORDERED, on the court's own motion, that the motions are consolidated for disposition; and it is further,

ORDERED that the branch of the motion by appellants seeking to continue the stay contained in the decision and order of this court dated June 24, 2010 is granted on condition that appellants perfect the appeals by December 3, 2010; and it is further,

ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeals is granted and the appeals shall be perfected by December 3, 2010; and it is further,

ORDERED that the motion by respondent is denied; 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:

Paul Kenny

Chief Clerk