| Kennedy Realty associates/sleepy Hollow, LLC v Yener Cordoba |
| Motion No: 2014-01053 ROC |
| Slip Opinion No: 2014 NY Slip Op 79135(U) |
| Decided on July 11, 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
| Kennedy Realty Associates/Sleepy Hollow, LLC, Respondent, v Yener Cordoba, Appellant, and Jaffet Cordoba, Tenant. |
Motion by appellant on appeals from orders of the Justice Court of the Village of Spring Valley, Rockland County, dated February 4, 2014 and April 3, 2014, respectively, and from a final judgment of the same court entered February 21, 2014, to stay enforcement of the final judgment pending the determination of the appeals, to modify a stay granted by the Justice Court by order dated May 22, 2014, and to consolidate 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 so much of the appeal as is from the order dated February 4, 2014 is dismissed on the ground that the right of direct appeal from the order terminated with the entry of the final judgment on February 21, 2014 (see Matter of Aho, 39 NY2d 241, 248 [1976]); 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 October 3, 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 branch of appellant's motion seeking to modify the stay granted by order of the Justice Court dated May 22, 2014 is denied as moot; and it is further,
ORDERED that the branch of appellant's motion seeking to consolidate the appeals is denied as unnecessary, as the appeals from the final judgment and the order dated April 3, 2014 have already been consolidated under the above-listed appeal number.
ENTER:
Paul Kenny
Chief Clerk