| C.H.T. Place, LLC v Anibal Rios & Elsa Rios |
| Motion No: 2010-01644 kc |
| Slip Opinion No: 2011 NY Slip Op 76478(U) |
| Decided on June 16, 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
MARSHA L. STEINHARDT, J.P.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| C.H.T. Place, LLC, Respondent, v Anibal Rios and Elsa Rios, Appellants. |
Motion by respondent on an appeal from orders of the Civil Court of the City of New York, Kings County, entered June 25, 2010 and July 8, 2010, to vacate a stay granted by decision and order of this court dated August 27, 2010. Separate motion by appellants for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions by respondent and appellants are consolidated for purposes of disposition; and it is further,
ORDERED that appellants' motion is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that respondent's motion is denied on condition that the appeal be perfected by August 5, 2011, and on the further condition that appellants continue to pay respondent use and occupancy as it becomes due; 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:
Marsha L. Steinhardt
Associate Justice