| Front St. Rest. Corp. Etc. v Frank Ciolli Etc. |
| Motion No: 2015-00469 KC |
| Slip Opinion No: 2016 NY Slip Op 87950(U) |
| Decided on October 4, 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.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Front Street Restaurant Corp. etc., Respondent, v Frank Ciolli etc., Appellant, et al., Undertenants. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 26, 2015, in effect, to vacate a decision and order on motion of this court dated August 11, 2016, which granted an unopposed motion by respondent to vacate a stay granted by decision and order on motion of this court dated June 30, 2015 and continued by decision and order on motion of this court dated November 4, 2015, for leave to file opposition to respondent's motion, and to deny respondent's motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that appellant's motion is granted, the decision and order on motion of this court dated August 11, 2016 is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 26, 2015, to vacate a stay granted by decision and order on motion of this court dated June 30, 2015 and continued by decision and order on motion of this court dated November 4, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
Page 1 ORDERED that the motion is denied on condition that appellant continue to comply with the payment condition contained in the decision and order on motion of this court dated June 30, 2015; and it is further,
ORDERED that in the event that 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.
ENTER:
Paul Kenny
Chief Clerk
Page 2