| A Stone Constr. Corp. v fortune/newday, Inc. Et Al., Tenants; Christopher Scott Decker, Pat Wehl & Jake Gutierrez |
| Motion No: 2013-00096 qc |
| Slip Opinion No: 2013 NY Slip Op 91780(U) |
| Decided on October 24, 2013 |
| 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| A Stone Construction Corp., Respondent, v Fortune/Newday, Inc. et al., Tenants; Christopher Scott Decker, Pat Wehl and Jake Gutierrez, Appellants. |
Motion by appellants for an enlargement of time to perfect an appeal from an order of the Civil Court of the City of New York, Queens County, dated January 2, 2013, and, in effect, to reinstate and continue a stay granted by decision and order of this court dated April 5, 2013, which was vacated by decision and order dated June 17, 2013. Cross motion by respondent for an order denying appellants' motion and amending the caption to include five other occupants.
Upon the papers filed in support of the motion and cross motion, it is
ORDERED that the branch of appellants' motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by January 3, 2014; and it is further,
ORDERED that the branch of the motion seeking to reinstate and continue the stay granted by decision and order of this court dated April 5, 2013 is granted on condition that appellants perfect the appeal by January 3, 2014 and pay to respondent use and occupancy from January 1, 2013 at the rate of $4,400 a month within 10 days from the date of this decision and order, and continue to pay respondent use and occupancy at a like rate as it becomes due; 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; and it is further,
ORDERED that respondent's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk