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

Motion by appellants for a stay pending the determination of an appeal from a judgment of the City Court of White Plains, Westchester County, entered May 13, 2016, and, in effect, to lift any restraining notices levied against appellant Unlimited 1 Adjustments, LLC's bank accounts at the M & T Bank of White Plains.

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 Daniel Marano is dismissed, as he is not aggrieved by the order appealed from (see CPLR 5511; Rinaldi v Evenflo Co., Inc., 62 AD3d 856 [2009]; Mortgagee Affiliates Corp. v Jerder Realty Servs., 62 AD2d 591 [1978]); and it is further,

ORDERED that so much of appellants' motion as was made by Daniel Marano is denied as academic; and it is further,

ORDERED that so much of the motion as was made by appellant Unlimited 1 Adjustments, LLC is granted on condition that the appeal be perfected by March 3, 2017 and upon the further condition that within 10 days from the date of this decision and order on motion appellant Unlimited 1 Adjustments, LLC deposit with the court below the sum of $30,000 as an undertaking, with proof of the deposit to be filed with this court within one business after the making of such deposit; upon the making of such deposit, enforcement of the judgment entered May 13, 2016 is stayed and the restraining notices levied against that appellant's account at M & T Bank of White Plains are lifted; and it is further,

ORDERED that in the event that any of 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