| Franpo Realty, LLC v Power Furniture, Inc. |
| Motion No: 2018-02517 KC |
| Slip Opinion No: 2019 NY Slip Op 63001(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 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Franpo Realty, LLC, Respondent, v Power Furniture, Inc., Appellant. |
Motion by appellant for a stay of a hearing on respondent's posteviction motion for use and occupancy, damages and attorney's fees pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 21, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted only to the extent of staying the hearing with respect to the branches of respondent's posteviction motion seeking use and occupancy and damages on condition that appellant perfect the appeal on or before May 3, 2019; and it is further,
ORDERED that in the event that the above condition is 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.
The hearing may proceed only as to the branch of respondent's motion seeking attorney's fees.
ENTER:n
Paul Kenny
Chief Clerk