| Cambridge Hgts. Hdfc v Mary Mccormick, As Adm'r of Estate of Pearl Dillard & of Estate of Carroll H. Dillard, & Sadeqwa Davis |
| Motion No: 2015-01760 KC |
| Slip Opinion No: 2015 NY Slip Op 88913(U) |
| Decided on October 14, 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
| Cambridge Heights HDFC, Respondent, v Mary McCormick, as Administrator of the Estate of Pearl Dillard and of the Estate of Carroll H. Dillard, and Sadeqwa Davis, Appellants. |
Motion by appellants to stay enforcement of a final judgment of the Civil Court of the City of New York, Kings County, entered April 9, 2015, pending the determination of an appeal from an order of the same court entered July 9, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that so much of the appeal as was taken by Mary McCormick, as administrator of the estate of Pearl Dillard and the estate of Carroll H. Dillard, is dismissed on the ground that said appellant is not aggrieved by the order (see CPLR 5511; Rinaldi v Evenflo Co., Inc., 62 AD3d 856 [2009]; Mortgagee Affiliates Corp. v Jerder Realty Servs., 62 AD2d 591 [1978]); and it is further,
ORDERED that so much of the motion as was made by said appellant is denied as academic; and it is further,
ORDERED that so much of the motion as was made by appellant Sadeqwa Davis is granted on condition that the appeal be perfected on or before January 8, 2016. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent less the deposited sum of $10,000 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.
ENTER:
Paul Kenny
Chief Clerk