| Retained Realty, Inc. v Daniel Moses, Adm'r of Estate of Gertrude Moses, Occupant, & Daniel Moses |
| Motion No: 2016-02433 WC |
| Slip Opinion No: 2017 NY Slip Op 40148(U) |
| Decided on December 27, 2017 |
| 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Retained Realty, Inc., Respondent, v Daniel Moses, Administrator of the Estate of Gertrude Moses, Occupant, and Daniel Moses, Appellant, et al., Undertenants. |
Motion by respondent to dismiss an appeal from an order of the Justice Court of the Town of North Castle, Westchester County, dated August 18, 2016, and a final judgment of that court entered September 16, 2016, or, in the alternative, to substitute Daniel Moses, the administrator of the estate of Gertrude Moses, for the deceased occupant Gertrude Moses, and upon substitution, for this court to render a decision on appellant's motion for a stay, which was held in abeyance by decision and order on motion of this court dated January 19, 2017 pending the substitution of a personal representative for the deceased occupant Gertrude Moses.
Upon the papers filed in support of respondent's motion and no papers having been filed in opposition thereto, and upon the papers filed in support of appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the branch of respondent's motion seeking to dismiss the appeal is denied; and it is further,
ORDERED that the branch of respondent's motion seeking to substitute Daniel Moses, administrator of the estate of Gertrude Moses, for the deceased occupant Gertrude Moses is granted and the caption has been amended accordingly; and it is further,
ORDERED that appellant's motion for a stay is granted on condition that the appeal be perfected on or before March 2, 2018. Appellant is directed to pay respondent use and occupancy at the rate of $2,500 per month beginning January 1, 2018 and to continue to pay respondent use and occupancy at a like rate as it becomes due; 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