Arnold Mauer, Doing Bus. As Ace Beverage v Roma Syrups, Ltd.
Motion No: 2019-00394 KC
Slip Opinion No: 2019 NY Slip Op 69307(U)
Decided on April 25, 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.


Appellate Term of the Supreme Court

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

2019-394 K C
Arnold Mauer, Doing Business as Ace Beverage, Respondent, v Roma Syrups, Ltd., Appellant.

Motion by appellant to stay the enforcement of a judgment of the Civil Court of the City of New York, Kings County, entered January 16, 2019, pending the determination of an appeal therefrom, and to lift any restraining notices.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to lift the restraining notices is granted; and it is further,

ORDERED that the branch of the motion seeking a stay is granted on the condition that the appeal be perfected on or before August 2, 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, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk