| Valley Servs., LLC v Andrew S. Wulfman |
| Motion No: 2010-03107 orc |
| Slip Opinion No: 2011 NY Slip Op 69972(U) |
| Decided on April 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 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 an enlargement of time to perfect an appeal from an order of the Justice Court of the Town of Newburgh, Orange County, entered November 15, 2010, to continue a stay granted by decision and order of this court dated March 2, 2011, and for an enlargement of time to deposit the amount of the judgment and arrears. Separate motion by respondent to vacate the stay.
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 the branch of appellant's motion seeking to continue the stay granted by decision and order of this court dated March 1, 2011 is granted on condition that appellant perfect the appeal by June 3, 2011; and it is further,
ORDERED that the branch of appellant's motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by June 3, 2011; and it is further,
ORDERED that the branch of appellant's motion seeking an enlargement of time to deposit the judgment amount is granted and appellant shall deposit with the Justice Court the judgment amount of $13,907 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 shall 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; and it is further,
ORDERED that respondent's motion to vacate the stay contained in the decision and order of this court dated March 1, 2011 is denied.
ENTER:
Francis A. Nicolai
Presiding Justice