500 Mamaroneck Ave., L.P. & Viviane Paris, LLC v Bls Tel Holdings, LLC
Motion No: 2011-02987 wc
Slip Opinion No: 2012 NY Slip Op 66869(U)
Decided on March 2, 2012
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

JOHN R. LaCAVA, J.P.

FRANCIS A. NICOLAI

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2011-2987 W C
500 Mamaroneck Avenue, L.P. and Viviane Paris, LLC, Respondents, v BLS Tel Holdings, LLC, Appellant,
et al., Undertenants.

Motion by appellant to set aside a final judgment of the Justice Court of the Town of Harrison, Westchester County, entered November 14, 2011, or, in the alternative, for a stay pending the determination of an appeal from the final judgment.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to set aside the final judgment is denied; and it is further,

ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before May 4, 2012. Appellant is directed to deposit with the court below the amount of the judgment together with any and all arrears from December 1, 2011 in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order and to continue to pay use and occupancy to respondents as it becomes due and shall file with this court proof of deposit of the judgment amount and any and all arrears in rent and/or use and occupancy within one business day after making such deposit; 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 respondents may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk