| Gaspare J. Randazzo v Jeffrey Amster & Laura Amster |
| Motion No: 2011-00726 nc |
| Slip Opinion No: 2011 NY Slip Op 82283(U) |
| Decided on August 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Gaspare J. Randazzo, Respondent, v Jeffrey Amster and Laura Amster, Appellants. |
Motion by appellants on an appeal from an order of the District Court of Nassau County, First District, entered February 7, 2011, to vacate a decision and order of this court dated June 3, 2011, which granted respondent's motion to vacate a stay granted by decision and order of this court dated May 2, 2011, and to reinstate the stay. By decision and order on motion dated July 11, 2011, appellants' motion was held in abeyance and the matter was remitted to the District Court of Nassau County for a hearing and to report on the issue of whether use and occupancy is being paid by appellants, in view of the conflicting sworn averments on this issue. The District Court of Nassau County has filed its report dated August 2, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and the report of the District Court of Nassau County, dated August 2, 2011, it is
ORDERED that the motion is denied.
ENTER:
Paul Kenny
Chief Clerk