| 43 Bronx Riv. Rd. Owners, Inc. v Jeannine Novelli |
| Motion No: 2009-02283 wc |
| Slip Opinion No: 2011 NY Slip Op 62892(U) |
| Decided on January 25, 2011 |
| 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
| 43 Bronx River Road Owners, Inc., Respondent, v Jeannine Novelli, Appellant. |
Motion by respondent on an appeal from a judgment of the City Court of Yonkers, Westchester County, entered August 31, 2009, to vacate a stay granted by decision and order of this court dated January 6, 2010. Separate motion by appellant to continue the stay. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that respondent's motions and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that the motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that the motion by appellant to continue the stay contained in the decision and order of this court dated January 6, 2010 is granted on condition that appellant deposit into court the sum of $5,064.14 within 10 days from the date of this decision and order, and continue to pay landlord use and occupancy at the rate of $654.92 per month from January 1, 2011 as it becomes due, and on the further condition that appellant perfect the appeal by March 4, 2011; and it is further,
ORDERED that the motion by respondent to vacate the stay contained in the decision and order of this court dated January 6, 2010 is denied; 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:
Francis A. Nicolai
Presiding Justice