JT Queens Carwash, Inc. v 88-16 Northern Blvd.
Motion No: 2012-02034
Slip Opinion No: 2012 NY Slip Op 67192(U)
Decided on March 14, 2012
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M134846

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2012-02034

JT Queens Carwash, Inc., appellant,

v 88-16 Northern Blvd., respondent.

(Index No. 28362/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the respondent from terminating its leasehold or taking any steps to remove it from the subject premises, pending hearing and determination of an appeal from order of the Supreme Court, Queens County, dated February 15, 2012.

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

ORDERED that the motion is granted, and the respondent is stayed from terminating the appellant's leasehold or taking any steps to remove the appellant from the subject premises, pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 13, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 13, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., DILLON, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court