| Valley Servs., LLC v Andrew S. Wulfman |
| Motion No: 2010-03107 orc |
| Slip Opinion No: 2011 NY Slip Op 66310(U) |
| Decided on March 1, 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.
MELVYN TANENBAUM
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| Valley Services, LLC, Respondent v Andrew S. Wulfman, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Justice Court of the Town of Newburgh, Orange County, entered November 15, 2010. 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 appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before April 1, 2011. Appellant is directed to deposit with the Justice Court the amount of the judgment together with any and all arrears in rent and/or use and occupancy from December 1, 2010 at the rate previously payable as rent within 10 days from the date of this decision and order and to continue to pay use and occupancy to respondent as it becomes due. Appellant is further directed to file with this court proof of deposit of the judgment amount and any and all arrears in rent and/or use and occupancy within one business day after making such deposit; 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