| Bryan & Donna Tyrrell v John & Shirley Kelly |
| Motion No: 2014-00866 ORC |
| Slip Opinion No: 2014 NY Slip Op 76008(U) |
| Decided on June 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 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Bryan and Donna Tyrrell, Respondents, v John and Shirley Kelly, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from a judgment of the Justice Court of the Village of Maybrook, Orange County, dated April 8, 2014.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted on condition that the appeal be perfected by September 5, 2014 and on the further condition that appellants deposit with the court below the sum of $2,006.67 within 10 days of the date of this decision and order on motion; and it is further,
ORDERED that in the event that any the above conditions are not met, the court, on its own motion, may vacate the stay, or respondents may move to vacate the stay on three days' notice.
We note that this court cannot consider material that was not made part of the record. Appellants' remedy, if they be so advised, may be to move in the Justice Court to set aside the judgment based on newly discovered evidence (see CPLR 5015 [a] [2]).
ENTER:
Paul Kenny
Chief Clerk