| 3170 Atl. Ave. Corp. v Zehy Jereis, Joseph Ratner, & Atl. Gas & Wash |
| Motion No: 2012-00340 kc |
| Slip Opinion No: 2012 NY Slip Op 68541(U) |
| Decided on March 26, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| 3170 Atlantic Ave. Corp. Also Known as 3170 Atlantic Avenue Corp., Appellant, v Zehy Jereis, Joseph Ratner, and Atlantic Gas and Wash, Respondents. |
Motion by appellant to deem an order of the Civil Court of the City of New York, Kings County, dated November 7, 2011, to be appealable as of right, and to stay the release of an appeal bond pending the determination of the appeal from the order.
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 deem the order dated November 7, 2011 to be appealable as of right is denied as unnecessary; and it is further,
ORDERED that the branch of the motion seeking to stay the release of the appeal bond is granted on condition that the appeal be perfected on or before June 1, 2012; and it is further,
ORDERED that in the event that the above condition is 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