| Newport Gardens Assoc. v Janet Allen |
| Motion No: 2013-02093 KC |
| Slip Opinion No: 2014 NY Slip Op 63073(U) |
| Decided on January 23, 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. |
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
| Newport Gardens Associates, Respondent, v Janet Allen, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, dated October 1, 2013, to vacate a stay granted by decision and order on motion of this court dated November 14, 2013. 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, 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 appellant's motion is granted and the papers in opposition 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 on motion of this court dated November 14, 2013; and it is further,
ORDERED that in the event 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