Jeffrey Lubin & Suzanne Lubin v Paige E.
Motion No: 2017-00933 NC
Slip Opinion No: 2018 NY Slip Op 65663(U)
Decided on February 20, 2018
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, among other things, direct appellant to pay respondents arrears in use and occupancy. By decision and order on motion of this court dated July 19, 2017, appellant's prior motion for a stay was granted on the condition, among others, that the appeal be perfected by October 6, 2017. By decision and order on motion of this court dated October 18, 2017, a cross motion by appellant to continue the stay was granted on the condition, among others, that the appeal be perfected by November 24, 2017. The appeal has not been perfected.

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 the stay is vacated; and it is further,

ORDERED that respondents' motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk