| Front St. Rest. Corp. Etc. v Frank Ciolli Etc. |
| Motion No: 2015-00469 KC |
| Slip Opinion No: 2015 NY Slip Op 77971(U) |
| Decided on June 30, 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
| Front Street Restaurant Corp. etc., Respondent, v Frank Ciolli etc., Appellant, et al., Undertenant. |
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, entered February 26, 2015. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion for a stay. Separate motion by respondent to vacate the temporary stay contained in the order to show cause and for related or alternative relief. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's enlargement motion.
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 appellant's motions and respondent's motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion for an enlargement of time to serve and file papers in opposition to respondent's enlargement motion is granted and appellant's opposition papers are deemed timely served and filed; and it is further,
ORDERED that respondent's motion for an enlargement of time to serve and file papers in opposition to appellant's motion for a stay is granted and respondent's papers in opposition are deemed timely served and filed; and it is further,
ORDERED that appellant's motion for a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before September 4, 2015. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy from March 8, 2015 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 respondent's motion to vacate the temporary stay contained in the order to show cause and for related or alternative relief is denied.
ENTER:
Paul Kenny
Chief Clerk