| Downstate At Lich Holding Co., Inc. v Atlantic Hgts. Specialty Script Corp. |
| Motion No: 2015-02392 KC |
| Slip Opinion No: 2015 NY Slip Op 90552(U) |
| Decided on November 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
DAVID ELLIOT, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Downstate at LICH Holding Company, Inc., Respondent, v Atlantic Heights Specialty Script Corp., Appellant, et al., Undertenant. |
Motion by respondent to dismiss appeals from orders of the Civil Court of the City of New York, Kings County, entered April 7, 2015 and May 15, 2015, respectively (collectively, appeal No. 2015-1423 K C), as superseded by an order of the same court entered August 18, 2015 made upon, in effect, reargument and renewal (appeal No. 2015-2392 K C), and to vacate the stay granted pending determination of appeal No. 2015-1423 K C by decision and order on motion of this court dated August 18, 2015. Cross motion by appellant to consolidate appeal No. 2015-1423 K C with appeal No. 2015-2392 K C. Separate motion by appellant, in effect, for a stay pending determination of appeal No. 2015-2392 K C.
Upon the papers filed in support of respondent's motion, appellant's cross motion and appellant's separate motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion, appellant's cross motion, and appellant's separate motion are consolidated for purposes of disposition; and it is further,
ORDERED that the branch of respondent's motion seeking to dismiss the appeals from the orders entered April 7, 2015 and May 15, 2015, respectively (appeal No. 2015-1423 K C), is granted and those appeals are dismissed, as the orders appealed from were superseded by the order of the Civil Court entered August 18, 2015 made upon, in effect, reargument and renewal; and it is further,
ORDERED that the branch of respondent's motion seeking to vacate the stay granted by decision and order on motion of this court dated August 18, 2015, and appellant's cross motion to consolidate, are denied as moot; and it is further,
ORDERED that appellant's motion, in effect, for a stay pending determination of appeal No. 2015-2392 K C 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 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