| Giesco, LLC v Ben Fountain |
| Motion No: 2017-01325 WC |
| Slip Opinion No: 2017 NY Slip Op 82268(U) |
| Decided on August 1, 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
| Giesco, LLC, Respondent, v Ben Fountain, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the City Court of Mount Vernon, Westchester County, entered June 26, 2017.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renewal upon proper papers, including an affidavit showing that respondent's attorney was served with the motion. Upon renewal, appellant shall also set forth good cause for his failure to comply with the deposit requirement contained in the order to show cause dated July 10, 2017.
ENTER:
Paul Kenny
Chief Clerk