| A Richmond County Stucco & Stone, LLC v Elena Lemchuk |
| Motion No: 2011-00980 ric |
| Slip Opinion No: 2011 NY Slip Op 77500(U) |
| Decided on June 24, 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
| A Richmond County Stucco & Stone, LLC, Respondent, v Elena Lemchuk, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Richmond County, entered January 15, 2010, to permit appellant to deposit the amount of the judgment into court, and to vacate any restraining notices issued with respect to the judgment. Separate motion by appellant for an enlargement of time to serve and file a reply to the papers submitted by respondent in opposition to appellant's motion for a stay.
Upon the papers filed in support of the motions and the papers filed in opposition to the motion for a stay, it is
ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motion for an enlargement of time to serve and file reply papers is granted and the reply papers are deemed timely served and filed; and it is further
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition the appeal be perfected by August 5, 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; and it is further,
ORDERED that the branch of the motion seeking to permit appellant to deposit the amount of the judgment into court is denied as moot, as a deposit had been made; and it is further,
ORDERED that the branch of the motion seeking to vacate any restraining notices issued with respect to the judgment is granted.
ENTER:
Paul Kenny
Chief Clerk