| In Matter of Application of Commr. of Dept. of Hous. Preserv. & Dev. of City of New York |
| Motion No: 2010-02292 kc |
| Slip Opinion No: 2011 NY Slip Op 66319(U) |
| Decided on March 4, 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 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| In the Matter of the Application of the Commissioner of the Department of Housing Preservation and Development of the City of New York, Respondent. Java Junkies Realty, LLC, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 10, 2010, to vacate a stay granted by decision and order of this court dated November 17, 2010. Cross motion by appellant, in effect, to continue the stay.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion to vacate the stay is denied; and it is further,
ORDERED that the cross motion, in effect, to continue the stay is granted on condition that appellant perfect the appeal by May 6, 2011; 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:
Michelle Weston
Justice Presiding