| 722 Levonia Ave., LLC v Gabriel Russell |
| Motion No: 2016-01424 KC |
| Slip Opinion No: 2016 NY Slip Op 86599(U) |
| Decided on September 15, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| 722 Levonia Ave., LLC, Respondent, v Gabriel Russell, Appellant; Eunice Russell, Nonparty-Appellant. |
Motion by appellant Gabriel Russell for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered February 9, 2016.
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 nonparty-appellant Eunice Russell is dismissed, as she is not aggrieved by the judgment, which is solely against appellant Gabriel Russell (see CPLR 5511); and it is further,
ORDERED that appellant's motion is granted on condition that the appeal be perfected by December 2, 2016, and on the further condition that appellant deposit with the court below the sum of $2,930.82 within 10 days of the date of this decision and order on motion; and it is further,
ORDERED that in the event that any 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