| E. & E. Enters. of N.Y., Inc. v R & J Pizza Corp. Doing Bus. As Cascarino's |
| Motion No: 2014-00705 QC |
| Slip Opinion No: 2014 NY Slip Op 76061(U) |
| Decided on June 16, 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
| E. & E. Enterprises of N.Y., Inc., Respondent, v R & J Pizza Corp. Doing Business as Cascarino's, Appellant. |
Motion by appellant on appeals from orders of the Civil Court of the City of New York, Queens County, dated March 25, 2014 and April 10, 2014, respectively, and a marking on a file of the same court dated March 25, 2014, to deem a consent final judgment of the same court entered pursuant to a stipulation of settlement dated December 18, 2013 satisfied and for other relief or, in the alternative, for a stay pending the determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the marking on the file dated March 25, 2014 is dismissed, as no appeal lies therefrom (see CPLR 2219, 5512 [a]; CCA 1702); and it is further,
ORDERED that the branch of appellant's motion seeking a stay pending the determination of the appeals is granted on condition that the appeals be perfected on or before September 5, 2014. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy 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; and it is further,
ORDERED that the remainder of appellant's motion is denied.
ENTER:
Paul Kenny
Chief Clerk