| Rising Dev. Yonkers mill/main LLC v Michael Subercaseaux |
| Motion No: 2022-00947 WC |
| Slip Opinion No: 2023 NY Slip Op 66465(U) |
| Decided on May 1, 2023 |
| 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
JERRY GARGUILO, P.J.
JAMES P. McCORMACK
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| Rising Development Yonkers Mill/Main LLC, Respondent, v Michael Subercaseaux, Appellant, John Doe and Jane Doe, Undertenants. |
Motion by appellant for a stay of eviction pending determination of an appeal from an order of the City Court of Yonkers, Westchester County, dated December 16, 2022.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted on condition that the appeal be perfected on or before July 21, 2023; and it is further,
ORDERED that in the event the appeal is not perfected by July 21, 2023, 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, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk