23-35 Bridge Street, LLC v Excel Automotive Tech Center, Inc.
Motion No: 2019-00952
Slip Opinion No: 2019 NY Slip Op 66378(U)
Decided on March 27, 2019
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M261376

E/mm

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2019-00952, 2019-01045

23-35 Bridge Street, LLC, respondent,

v Excel Automotive Tech Center, Inc.,

appellant.

(Index No. 11088/03)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated February 22, 2019, in the above-entitled case, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Kings County, dated January 16, 2019, and to stay its eviction from the subject premises, pending hearing and determination of appeals from the judgment and an order of the same court dated January 23, 2019. Separate motion by the appellant, inter alia, to extend a notice of pendency in the above-entitled action against the subject premises. Separate motion by Jordan S. Bolton, an attorney in good standing in the State of Michigan, to be admitted pro hac vice to represent the respondent on the appeals.

Upon the papers filed in support of the appellant's motion, and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Jordan S. Bolton and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion, inter alia, for a stay and the motion, inter alia, to extend the notice of pendency are denied; and it is further,

ORDERED that the motion by Jordan S. Bolton to be admitted pro hac vice to represent the respondent on the appeals is granted.

LEVENTHAL, J.P., COHEN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court