| Wrg Acquisition Xiii, LLC v Andrew Strasser |
| Motion No: 2015-02257 NC |
| Slip Opinion No: 2016 NY Slip Op 69973(U) |
| Decided on March 21, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| WRG Acquisition XIII, LLC, Respondent, v Andrew Strasser, Appellant, et al., Undertenants. |
Motion by appellant to vacate an order of this court dated January 11, 2016, which dismissed an appeal from an order of the District Court of Nassau County, First District, dated June 17, 2015 (appeal No. 2015-2257 N C), to continue a stay granted by decision and order on motion of this court dated October 2, 2015, and to consolidate that appeal with an appeal from a final judgment of the same court entered November 20, 2014 (appeal No. 2015-1582 N C), and for other relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent of staying enforcement of the final judgment entered November 20, 2014 on condition that appellant 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 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 condition is 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 the remainder of the motion is denied.
ENTER:
Paul Kenny
Chief Clerk