| Marsam Realty 13th Ave., LLC v Bagels "n" Greens Bp, LLC |
| Motion No: 2016-00769 KC |
| Slip Opinion No: 2016 NY Slip Op 95370(U) |
| Decided on December 22, 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
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Marsam Realty 13th Avenue, LLC, Respondent, v Bagels "N" Greens BP, LLC, Appellant. |
Motions by appellant, returnable October 7, 2016 and October 24, 2016, respectively, on an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered March 9, 2016, to continue a stay granted by decision and order on motion of this court dated May 6, 2016.
Upon the papers filed in support of appellant's motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motion returnable October 7, 2016 is denied based on a lack of service of the moving papers; and it is further,
ORDERED that the motion returnable October 24, 2016 is granted on condition that appellant perfect the appeal by February 3, 2017 and continue to comply with the other conditions contained in the decision and order on motion of this court dated May 6, 2016; 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