of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

5670 58 Street Holding Corporation, et al., Respondents, v ASAP Towing Services, Inc., Appellant, et al., Tenant, et al., Undertenants.

Appellate Term Docket No.

2016-1590 Q C

Lower Court # 060838/15

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Motion, by order to show cause, by appellant on an appeal from a decision of the Civil Court of the City of New York, Queens County, dated October 7, 2015, and an order of the same court dated January 29, 2016 (appeal No. 2016-349 Q C), and by nonparty-appellant on an appeal from an order of the same court dated February 10, 2016 (appeal No. 2016-1590 Q C), for leave to reargue their prior motion for a stay pending the determination of the appeals, which prior motion was determined by decision and order on motion of this court dated April 14, 2016. Separate motion by respondents to modify the temporary stay contained in the order to show cause.

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 the motion by appellant and nonparty-appellant, and the motion by respondent, are consolidated for purposes of disposition; and it is further,

ORDERED that the motion by appellant and nonparty-appellant is denied; and it is further,

ORDERED that respondents' motion is denied as moot, as the temporary stay has now expired.

ENTER:

Paul Kenny

Chief Clerk