| 569 Empire, LLC v Shondell Birkett |
| Motion No: 2015-00698 KC |
| Slip Opinion No: 2015 NY Slip Op 75294(U) |
| Decided on May 20, 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
| 569 Empire, LLC, Respondent, v Shondell Birkett, Appellant. |
Motion by appellant, by order to show cause, for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 21, 2015.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renewal upon proper papers, including an affidavit showing that respondent's counsel was served with the motion. Upon renewal, appellant shall also set forth good cause for the failure to comply with the deposit requirement contained in the order to show cause.
ENTER:
Paul Kenny
Chief Clerk