of the State of New York for the 9th & 10th judicial Districts

MELVYN TANENBAUM, J.P.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

Ardsley Realty Associates, Respondent, v Appellate Term Docket No.

Ardsley Luncheonette Ltd., Appellant. 2011-1224 W C

Lower Court # 11010059

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Motion by appellants in the above listed appeals for stays pending the determination of appeals from judgments of the Justice Court of the Village of Ardsley, Westchester County, entered April 12, 2011. Separate motion by respondent to deem its opposing papers timely served and filed.

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 appellants and respondent are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motion is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that the motion by appellants is granted on condition that the appeals be perfected on or before August 5, 2011. Appellants are directed to pay to respondent the respective judgment amounts and any and all arrears in rent and/or use and occupancy from May 1, 2011 at the rate previously payable as rent within 10 days from the date of this decision and order and to continue to pay respondent use and occupancy at a like rate 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 stays, or respondent may move to vacate the stays on three days' notice; and it is further,

ORDERED, on the court's own motion, that appellants may perfect the appeals with a single brief bearing both of the above-listed appeal numbers and that there shall be oral argument, if requested, on both of the appeals at the same time.

ENTER:

Paul Kenny

Chief Clerk