1302 Newkirk, LLC v Sharon Garcia, Tenant, Et Al., Undertenant. Julius Nemcow, Nonparty-appellant.
Motion No: 2017-00380 KC
Slip Opinion No: 2017 NY Slip Op 84996(U)
Decided on August 17, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2017-380 K C
1302 Newkirk, LLC, Respondent, v Sharon Garcia, Tenant, et al., Undertenant. Julius Nemcow, Nonparty-Appellant.

Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 14, 2017, to vacate a stay granted by decision and order on motion of this court dated May 16, 2017. Separate motion by nonparty-appellant to modify the terms of the stay.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the motions by respondent and nonparty-appellant are consolidated for the purposes of disposition; and it is further,

ORDERED that respondent's motion is granted and the stay is vacated; and it is further,

ORDERED that nonparty-appellant's motion is denied.

ENTER:

Paul Kenny

Chief Clerk