S. Realty, Inc. v Warren Burke
Motion No: 2015-02788 WC
Slip Opinion No: 2016 NY Slip Op 63281(U)
Decided on January 28, 2016
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2015-2788 W C
S. Realty, Inc., Respondent, v Warren Burke, Appellant.

Motion by appellant, by order to show cause dated December 4, 2015, for a stay pending the determination of an appeal from a final judgment of the City Court of Mount Vernon, Westchester County, entered November 24, 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 was served with the motion. Upon renewal, appellant shall also set forth good cause for his failure to comply with the deposit requirement contained in the order to show cause dated December 4, 2015.

ENTER:

Paul Kenny

Chief Clerk