| Res Land, Inc. v Shs Baisley, L.L.C. |
| Motion No: 2010-01501 qc |
| Slip Opinion No: 2010 NY Slip Op 88808(U) |
| Decided on November 17, 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
JAIME A. RIOS, J.P.
MICHAEL L. PESCE
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| RES Land, Inc., Respondent, v SHS Baisley, LLC., Appellant. |
Motion by respondent on an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered June 1, 2010, to vacate a stay contained in a decision and order of this court dated August 11, 2010. Motion by appellant to continue the stay and for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions, 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 branch of the motion by appellant seeking an enlargement of time to serve and file papers in opposition to respondent's motion is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that the motion by respondent to vacate the stay contained in the decision and order of this court dated August 11, 2010 is denied; and it is further,
ORDERED that the branch of the motion by appellant seeking to continue the stay contained in the decision and order of this court dated August 11, 2010 is granted on condition that within 10 days of the date of this order appellant pay respondent the sum of $13,029.04 as well as any and all arrears in rent and/use and occupancy from September 1, 2010 at the rate of $14,342.95 per month and continue to pay respondent use and occupancy at said rate as it becomes due; 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:
Jaime A. Rios
Justice Presiding