| Azure Hgi Nanuet, Lp, As Successor In Interest To Avalonbay Communities, Inc. v Ian Mccarthy |
| Motion No: 2019-01500 ROC |
| Slip Opinion No: 2020 NY Slip Op 61591(U) |
| Decided on January 15, 2020 |
| 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.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Azure HGI Nanuet, LP, as Successor in Interest to Avalonbay Communities, Inc., Respondent, v Ian McCarthy, Appellant, and Rachel McCarthy, Tenant. |
Motion by appellant for a stay of enforcement of a final judgment of the Justice Court of the Town of Clarkstown, Rockland County, entered September 19, 2019, pending the determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent of staying enforcement of the monetary portion of the final judgment on condition that within 10 days from the date of this decision and order on motion appellant deposit the amount of the judgment in the court below with proof thereof to be filed with this court within one business day after making such deposit and upon the further condition that the appeal be perfected on or before April 3, 2020; and it is further,
ORDERED that in the event that the above conditions are 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