| Lev Tov Challenge, Inc. v Congregation Khal Chasidei Skwere |
| Motion No: 2012-01644 kc |
| Slip Opinion No: 2012 NY Slip Op 92648(U) |
| Decided on November 28, 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
| Lev Tov Challenge, Inc., Respondent, v Congregation Khal Chasidei Skwere, Appellant, and Bnos Satmer School, Undertenant. |
Motion by respondent on an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered July 13, 2012, to vacate a stay granted by decision and order of this court dated September 4, 2012. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions by respondent and appellant are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that respondent's motion is denied on condition that appellant continue to comply with all the conditions contained in the decision and order of this court dated September 4, 2012; 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 respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk