Jeffrey Lubin & Suzanne Lubin v Paige E.
Motion No: 2017-00933 NC
Slip Opinion No: 2017 NY Slip Op 90773(U)
Decided on October 18, 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 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2017-933 N C
Jeffrey Lubin and Suzanne Lubin, Respondents, v Paige East, Appellant, et al., Undertenants.

Motion by respondents on an appeal from an order of the District Court of Nassau County, First District, entered April 28, 2017, to vacate a stay granted by decision and order on motion of this court dated July 19, 2017. Cross motion by appellant to continue the stay, to strike portions of appellant's motion papers, and for the imposition of sanctions.

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

ORDERED that respondents' motion is denied; and it is further,

ORDERED that appellant's motion is granted to the extent of continuing the stay on condition that appellant perfect the appeal by November 24, 2017 and comply with the other conditions contained in the decision and order on motion of this court dated July 19, 2017; 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 respondents may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk