| Rocco Viti v Arik Botier |
| Motion No: 2023-00010 NC |
| Slip Opinion No: 2025 NY Slip Op 60352(U) |
| Decided on January 6, 2025 |
| 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
TIMOTHY S. DRISCOLL, J.P.
GRETCHEN WALSH
ELENA GOLDBERG-VELAZQUEZ, JJ.
DECISION & ORDER ON MOTION
| Rocco Viti, Respondent, v Arik Botier, Appellant, et al., Undertenants.(Originally decided on January 2, 2025) |
Motion by appellant to enlarge the time to perfect an appeal from an order of the District Court of Nassau County, First District, dated December 7, 2022, and for a stay of eviction. Separate motion by appellant for a stay of eviction pending determination of the appeal. Cross motion by respondent to vacate the appellant's temporary stay, or in the alternative, to condition a stay on appellant's deposit of an undertaking and to direct appellant to pay use and occupancy pending determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motions are denied; and it is further,
ORDERED that respondent's cross motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk