Dsm, Inc. v Ccs Auto Body, Inc.
Motion No: 2012-01590 orc
Slip Opinion No: 2012 NY Slip Op 82749(U)
Decided on August 15, 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

FRANCIS A. NICOLAI, P.J.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2012-1590 OR C
DSM, Inc., Appellant, v CCS Auto Body, Inc., Respondent.

Motion by appellant on an appeal from an order of the Justice Court of the Town of Monroe, Orange County, entered July 3, 2012, to stay, pending the determination of the appeal, so much of the order as directs appellant to permit respondent to enter the premises and to remove property therefrom and as enjoins appellant from interfering with that removal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted on condition that the appeal be perfected by November 2, 2012; and it is further,

ORDERED that in the event the appeal is not perfected by November 2, 2012, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk