| Mautner-glick Corp. & Gerald P. Halpern As Ex'r of Estate of Fred Ziess v Mark Tunne |
| Motion No: 2010-02897 c |
| Slip Opinion No: 2011 NY Slip Op 88342(U) |
| Decided on October 19, 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.
MICHELLE WESTON
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Mautner-Glick Corporation and Gerald P. Halpern as Executor of the Estate of Fred Ziess, Respondents, v Mark Tunne, Appellant. |
Appeals from two orders of the Civil Court of the City of New York, New York County, dated, respectively, December 4, 2006 and October 26, 2009, and a final judgment of the same court entered October 19, 2009. The appeals were transferred to this court by a decision and order of the Appellate Division, Second Department, dated December 3, 2010.
On the court's own motion, it is
ORDERED that the appeals are stricken from the general calendar since the record on appeal is incomplete as it does not contain the re-direct testimony of David Parks as well as appellant's amended pleading, including his counterclaim, which must be reconstructed in the Civil Court (see CPLR 5525 [d]); and it is further,
ORDERED, on the court's own motion, that the stay granted by the Appellate Term, First Department, by order on motion dated May 27, 2010 is continued on condition that within 10 days of the date of this decision and order appellant pay respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, and continue to pay respondent use and occupancy as it becomes due, and perfect the appeal by January 6, 2012; and it is further,
ORDERED that, in the event that the above conditions are not met, the court, on its own motion, may vacate the stay, or respondents may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk