Randy Langer v Noy Wongkittiroch/ Full Moon Rest.
Motion No: 2011-01305 wc
Slip Opinion No: 2011 NY Slip Op 78161(U)
Decided on July 7, 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.


Appellate Term of the Supreme Court

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

FRANCIS A. NICOLAI, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2011-1305 W C
Randy Langer, Respondent, v Noy Wongkittiroch/ Full Moon Restaurant, Appellant.

Motion by appellant for a stay pending the determination of an appeal from a judgment of the City Court of White Plains, Westchester County, entered March 14, 2011, and for summary reversal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to stay enforcement of the judgment pending the determination of the appeal is granted on condition that the appeal be perfected by August 5, 2011 and on the further condition that appellant deposit the sum of $2,809.90 into the court below within 10 days of the date of this decision and order; 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 the branch of the motion seeking summary reversal is denied.

ENTER:

Paul Kenny

Chief Clerk