| Sag Harbor Pooh, LLC v Plaza Surf & Sport, Inc. |
| Motion No: 2017-00284 SC |
| Slip Opinion No: 2017 NY Slip Op 84961(U) |
| Decided on August 14, 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
| Sag Harbor Pooh, LLC, Appellant, v Plaza Surf and Sport, Inc., Respondent, et al., Undertenants. |
Motion by respondent on an appeal from an order of the Justice Court of the Village of Sag Harbor, Suffolk County, entered October 2, 2016, to enlarge its time to serve and file a respondent's brief. Separate motion by appellant for an order directing respondent to pay use and occupancy, and for related relief.
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 respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and respondent shall serve and file its brief within 21 days of the date of this decision and order on motion; and it is further,
ORDERED that appellant, if it be so advised, may serve and file a reply brief within
seven days from the service of the respondent's brief; and it is further,
ORDERED that appellant's motion is denied.
We note that appellant, if it be so advised, may accept, or may commence a plenary action to recover, the outstanding use and occupancy without prejudicing its right to prosecute the appeal in this holdover proceeding (RPAPL 711 [1]; 1035 Washington Realty, LLC v Grange, 2009 NY Slip Op 86385[U] [App Term, 2d, 11th & 13th Jud Dists 2009]; Martine Assoc., LLC v Donahoe, NYLJ, July 19, 2005 [App Term, 9th & 10th Jud Dists]; 17th Holding v Rivera, NYLJ, Aug. 15, 2002 [App Term, 2d & 11th Jud Dists]).
ENTER:
Paul Kenny
Chief Clerk