| Matter of 125 Court Street, LLC v Nicholson |
| Motion No: 2020-01724 |
| Slip Opinion No: 2020 NY Slip Op 65854(U) |
| Decided on May 4, 2020 |
| 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. |
Appellate Division: Second Judicial Department
M270708
E/mb
REINALDO E. RIVERA, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
ANGELA G. IANNACCI, JJ.
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2020-01724 In the Matter of 125 Court Street, LLC, appellant, v Yolande Nicholson, respondent-respondent, et al., respondents. (Appellate Term Docket No. 2018-1974KC; Civil Court Index No. 63946/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled matter in the Civil Court of the City of New York, Kings County, pending hearing and determination of an appeal, by permission, from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated December 20, 2019, which determined an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 18, 2018, and for a preference in the calendaring of the appeal to this Court.
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 which is to stay all proceedings is granted and all proceedings in the above-entitled matter pending in the Civil Court of the City of New York, Kings County, are stayed pending hearing and determination of the appeal to this Court from the order dated December 20, 2019, on condition that on or before July 6, 2020, the appellant perfect the appeal by serving its brief and appellant's appendix or record, and uploading digital copies of the brief and appellant's appendix or record, with proof of service thereof, through the digital portal on this Court's website, and filing an original and five hard copies of the brief and appellant's appendix or record, in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that in the event the appellant does not perfect the appeal on or before July 6, 2020, as set forth above, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the branch of the motion which is for a preference is denied.
RIVERA, J.P., HINDS-RADIX, DUFFY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court