| Co-bb Devonshire Venture, LLC v Tyrone Smith |
| Motion No: 2017-00975 SC |
| Slip Opinion No: 2017 NY Slip Op 81791(U) |
| Decided on July 24, 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
| CO-BB Devonshire Venture, LLC, Respondent, v Tyrone Smith, Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Fifth District, entered May 18, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted on condition that the appeal be perfected on or before October 6, 2017, and upon the further condition that within 10 days from the date of this decision and order on motion appellant pay to respondent any sums presently due pursuant to the parties' stipulation dated February 23, 2017, and continue to make the payments under the stipulation as they become 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