| 23-02 31st St. Realty Corp. v Inner Circle Bar & Lounge, Inc. |
| Motion No: 2013-02203 QC |
| Slip Opinion No: 2014 NY Slip Op 65876(U) |
| Decided on February 21, 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
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
MICHELLE WESTON, JJ.
DECISION & ORDER ON MOTION
| 23-02 31st Street Realty Corp., Respondent, v Inner Circle Bar & Lounge, Inc., Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Queens County, dated July 10, 2013, to vacate a stay granted by decision and order on motion of this court dated December 23, 2013, and, in effect, to direct appellant to post an undertaking. 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 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 the branch of respondent's motion seeking to vacate the stay granted by decision and order on motion of this court dated December 23, 2013 is granted and the stay is vacated; and it is further,
ORDERED that the branch of respondent's motion seeking, in effect, to direct appellant to post an undertaking is denied.
ENTER:
Paul Kenny
Chief Clerk