| Bay Ridge Chicken Grill, Inc. v Glamme, LLC, Landlord, & Cirrus Data Intl., LLC |
| Motion No: 2013-01599 KC |
| Slip Opinion No: 2015 NY Slip Op 62699(U) |
| Decided on January 26, 2015 |
| 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
| Bay Ridge Chicken Grill, Inc., Respondent, v Glamme, LLC, Landlord, and Cirrus Data International, LLC, Appellant. |
On the court's own motion, it is
ORDERED that this appeal from an order of the Civil Court of the City of New York, Kings County, entered July 1, 2013, is stricken from the general calendar and the appeals calendar, as the minutes of the hearing have not been settled and made part of the record on appeal; and it is further,
ORDERED that the stay granted by decision and order on motion of this court dated August 21, 2013 and extended by decision and order on motion of this court dated December 16, 2013, is continued on condition that appellant perfect the appeal by April 3, 2015; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
We note that a summary proceeding must terminate in a final judgment, not an order (see RPAPL 747), and that it is the responsibility of the clerk to prepare the final judgment (see CCA 1401).
ENTER:
Paul Kenny
Chief Clerk