Retained Realty, Inc. v Daniel Moses, Adm'r of Estate of Gertrude Moses, Occupant, & Daniel Moses
Motion No: 2016-02433 WC
Slip Opinion No: 2018 NY Slip Op 69336(U)
Decided on April 3, 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

2016-2433 W C
Retained Realty, Inc., Respondent, v Daniel Moses, Administrator of the Estate of Gertrude Moses, Occupant, and Daniel Moses, Appellant, et al., Undertenants.

Motion by respondent on an appeal from an order of the Justice Court of the Town of North Castle, Westchester County, dated August 18, 2016, and a final judgment of that court entered September 16, 2016, to vacate a stay granted by decision and order on motion of this court dated December 27, 2017. Separate application by appellant for an extension of time to serve and file opposition to respondent's motion.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and on the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED, on the court's own motion, that respondent's motion and appellant's application are consolidated for 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 appellant's application is denied.

ENTER:

Paul Kenny

Chief Clerk