| 83-55 Austin Prop. Assoc. v Nathaniel Gales |
| Motion No: 2013-01018 qc |
| Slip Opinion No: 2013 NY Slip Op 91795(U) |
| Decided on November 18, 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
| 83-55 Austin Property Associates, Respondent, v Nathaniel Gales, Appellant, et al., Undertenants. |
Motion by respondent on appeals from orders of the Civil Court of the City of New York, Queens County, dated October 15, 2012 and April 15, 2013, respectively, to vacate a stay granted by decision and order on motion of this court dated June 24, 2013. Separate motion by appellant to continue the stay.
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 respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is denied on condition that appellant continue to comply with the payment conditions contained in the decision and order on motion of this court dated June 24, 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; and it is further,
ORDERED that appellant's motion is denied as unnecessary.
ENTER:
Paul Kenny
Chief Clerk