| Midland Funding, LLC Etc. v Zev Farkas |
| Motion No: 2013-02280 KC |
| Slip Opinion No: 2015 NY Slip Op 67055(U) |
| Decided on March 5, 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
| Midland Funding, LLC etc., Appellant, v Zev Farkas, Respondent. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 10, 2013, to vacate a stay granted by decision and order on motion of this court dated January 10, 2014, and for the release the funds on deposit. Separate motion by appellant to continue the stay.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is denied; and it is further,
ORDERED that appellant's motion is granted on condition that appellant perfect the appeal by May 1, 2015 and on the further condition that appellant move in the Civil Court within 20 days of the date of this decision and order on motion to reconstruct any missing portions of the record; and it is further,
ORDERED that in the event that 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