| Mtc Commons, LLC v Millbrook Training Ctr. & Spa, Ltd. & Jospeh Parrinello |
| Motion No: 2014-00703 DC |
| Slip Opinion No: 2014 NY Slip Op 76037(U) |
| Decided on June 12, 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
| MTC Commons, LLC, Respondent, v Millbrook Training Center & Spa, Ltd. and Jospeh Parrinello, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from a judgment of the Justice Court of the Town of Washington, Dutchess County, dated February 24, 2014. Separate motion by respondent to dismiss the appeal as untimely.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that respondent's motion to dismiss the appeal as untimely is denied; and it is further,
ORDERED that appellants' motion for a stay pending the determination of the appeal is granted on condition that the appeal is perfected on or before August 1, 2014, and upon the further condition that within 10 days from the date of this decision and order on motion appellants deposit with the court below the judgment amount of and pay to respondent any and all arrears in rent and/or use and occupancy at the rate of $6,000 per month from March 1, 2014, and continue to pay use and occupancy to respondent at a like rate as it becomes due; 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.
ENTER:
Paul Kenny
Chief Clerk