| Cedarhurst Ct., LLC v Avi Koschitzki |
| Motion No: 2015-01211 NC |
| Slip Opinion No: 2015 NY Slip Op 80846(U) |
| Decided on July 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| Cedarhurst Court, LLC, Respondent, v Avi Koschitzki, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered May 20, 2015. Separate motion by respondent to release the funds on deposit and for an order directing appellant to pay respondent all arrears from April 1, 2015 and continue to pay respondent rent as it becomes due.
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 motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is denied; and it is further,
ORDERED that the branch of respondent's motion seeking the release of the funds on deposit is granted and the funds on deposit in this matter are directed to be released to respondent Cedarhurst Court, LLC, less any lawful fees; and it is further,
ORDERED that respondent's motion is otherwise denied.
ENTER:
Paul Kenny
Chief Clerk