15 Locust Hill, LLC v Dorianne Butler
Motion No: 2013-01788 WC
Slip Opinion No: 2014 NY Slip Op 62091(U)
Decided on January 9, 2014
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.

HECTOR D. LaSALLE

ANTHONY MARANO, JJ.

DECISION & ORDER ON MOTION

2013-1788 W C
15 Locust Hill, LLC, Respondent, v Dorianne Butler, Appellant.

Motion by respondent on an appeal from orders of the City Court of Yonkers, Westchester County, entered, respectively, July 10, 2013 and July 26, 2013, to vacate a stay granted by decision and order on motion of this court dated October 16, 2013. Separate motion by appellant, in effect, 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; and it is further,

ORDERED that appellant's motion is granted on condition that within 15 days of the date of this decision and order on motion appellant comply with all the deposit requirements contained in the decision and order of this court dated October 16, 2013; and it is further,

ORDERED that in the event that the above condition is not met, the court, on its own motion, dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice.

ENTER:

Paul Kenny

Chief Clerk