| 2020 Commercial, LLC v Ultimate Auto Ctr., LLC & Frank Salerno |
| Motion No: 2010-01540 wc |
| Slip Opinion No: 2010 NY Slip Op 90469(U) |
| Decided on December 2, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| 2020 Commercial, LLC, Respondent, v Ultimate Auto Center, LLC and Frank Salerno, Appellants. |
Motion by respondent on an appeal from an order of the City Court of Yonkers, Westchester County, entered June 24, 2010, to vacate a stay contained in an order of this court dated August 19, 2010, to release all monies on deposit, and to dismiss the appeal. Separate motion by appellants for an enlargement of time to file papers in opposition to respondent's motion and to continue the stay.
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 appellants' motion seeking an enlargement of time to file opposing papers is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that the branch of appellants' motion seeking to continue the stay is granted on condition that appellants perfect the appeal by January 7, 2011 and continue to comply with the other conditions contained in the order of this court dated August 19, 2020; 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; and it further,
ORDERED that the branch of respondent's motion seeking to vacate the stay contained in the order of this court dated August 19, 2010 is denied; and it is further,
ORDERED that the branch of respondent's motion seeking to dismiss the appeal is denied, and the appeal shall be perfected by January 7, 2011; and it is further,
ORDERED that the branch of respondent's motion seeking an order directing the release of all the funds deposited by appellants with the City Court of Yonkers is granted and all funds on deposit shall be released to respondent, less any lawful fees.
ENTER:
John R. LaCava
Associate Justice