| Joseph Schleimer v Clarksville Inn Rest., LLC, Joe Szymanski & Gerard Reilly |
| Motion No: 2018-02131 ROC |
| Slip Opinion No: 2019 NY Slip Op 62999(U) |
| Decided on January 29, 2019 |
| 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
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| Joseph Schleimer, Respondent, v Clarksville Inn Restaurant, LLC, Joe Szymanski and Gerard Reilly, Appellants. |
Motion by appellants, by order to show cause, for a stay pending the determination of appeals from a decision of the Justice Court of the Town of Clarkstown, Rockland County, dated April 13, 2018, and a final judgment of that court entered August 2, 2018, and to be restored to possession. Separate motion by respondent to vacate the temporary stay in the order to show cause and to dismiss appellants' motion.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellants' motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal from the decision is dismissed, as no appeal lies therefrom (see UJCA 1702); and it is further,
ORDERED that the branch of appellants' motion seeking a stay of enforcement of the monetary portion of the final judgment is granted to the extent of staying so much of the monetary portion of the final judgment as is against appellants Joe Szymanski and Gerard Reilly on the condition that the appeal be perfected by May 3, 2019, and to the further extent of staying so much thereof as is against appellant Clarksville Inn Restaurant, LLC on the condition that the appeal be perfected by May 3, 2019 and on the further condition that within 10 days from the date of this decision and order on motion appellant Clarksville Inn Restaurant, LLC deposit into the Justice Court the amount of the judgment or an undertaking with corporate surety in that sum; 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, without further notice, or respondent may move to vacate the stay, on three days' notice; and it is further,
ORDERED that the remainder of appellants' motion is denied; and it is further,
ORDERED that the branch of respondent's motion seeking to vacate the temporary stay in the order to show cause is denied as academic and the branch thereof seeking to dismiss appellants' motion is denied.
ENTER:
Paul Kenny
Chief Clerk