| 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: 2012 NY Slip Op 72728(U) |
| Decided on May 1, 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
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, 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. |
Motion by appellant on 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, in effect, to vacate a decision and order of this court dated February 28, 2012, which granted a motion by respondents to vacate a stay provided for in a decision and order of this court dated October 19, 2011, and to reinstate the stay. Separate motion by appellant for an extension of time to pay use and occupancy for March 2012. Cross motion by respondent to vacate "the stay on the execution of the warrant." The appeals were transferred to this court by a decision and order of the Appellate Division, Second Department, dated December 3, 2010.
Upon the papers filed in support of the motions and the cross motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions and cross motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion, in effect, to vacate the decision and order of this court dated February 28, 2012, which granted a motion by respondents to vacate the stay provided for in a decision and order of this court dated October 19, 2011, and to reinstate the stay is granted on condition that within 10 days of the date of this decision and order appellant pay respondent any and all arrears in use and occupancy and continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,
ORDERED that appellant's motion for an extension of time to pay use and occupancy for March 2012 is denied as moot; and it is further,
ORDERED that respondent's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk