| Qpii-143-45 Sanford Ave., LLC v Eric L. Spinner |
| Motion No: 2009-02442 qc |
| Slip Opinion No: 2011 NY Slip Op 71168(U) |
| Decided on April 19, 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
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| QPII-143-45 Sanford Avenue, LLC, Respondent, v Eric L. Spinner, Appellant, and "John Doe" and "Jane Doe", Undertenants. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Queens County, dated August 14, 2009, and from a final judgment of the same court entered November 18, 2009, to vacate a stay granted by decision and order of this court February 3, 2010, or for alternative relief. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion and to suspend or diminish appellant's obligation to pay use and occupancy.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal from the order dated August 14, 2009 is dismissed on the ground that the right of direct appeal from the order terminated with the entry of the final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]); and it is further,
ORDERED that the branch of appellant's motion seeking an enlargement of time to serve and file papers in opposition to respondent's motion is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that the branch of appellant's motion seeking to suspend or diminish appellant's obligation to pay use and occupancy is denied; and it is further,
ORDERED that respondent's motion is denied on condition that within 10 days of the date of this decision and order appellant deposit into court any and all arrears from September 2010 and continue to comply with all other conditions contained in the decision and order of this court dated February 3, 2010; 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:
Paul Kenny
Chief Clerk