| Bolla Oil Corp. v Gurminder Singh & Super Shine 5-Min Express Car Wash, Inc., also know as Supershine Car Wash & Detail |
| Motion No: 2024-01053 NC |
| Slip Opinion No: 2025 NY Slip Op 66350(U) |
| Decided on April 4, 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
JERRY GARGUILO, P.J.
GRETCHEN WALSH
JOSEPH R. CONWAY, JJ.
DECISION & ORDER ON MOTION
| Bolla Oil Corp., Respondent, v Gurminder Singh and Super Shine 5-Min Express Car Wash, Inc., also know as Supershine Car Wash & Detail, Appellants. |
Motion by appellants for a stay of eviction pending the determination of an appeal from a decision of the District Court of Nassau County, First District, dated September 10, 2024. Separate motion by appellants to enlarge the time to comply with conditions imposed by this court on December 26, 2024. Cross-motion by respondent to vacate stays enacted by this court and to vacate or, in the alternative, modify "any bond or undertaking filed or to be filed" by appellants.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellants' motions are granted and, within 10 days of this decision and order appellants shall (1) file an appeal bond for $154,904.37 with the District Court, (2) pay all arrears in use and occupancy through April 2025, and (3) file proof of such filing and payment with this court. Appellants are further directed to pay ongoing use and occupancy to respondent on a monthly basis as it becomes due, and to file proof of each payment with this court; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move, on three days' notice, to vacate the stay, and may serve such motion upon appellant in person; and it is further,
ORDERED that respondent's cross motion is denied.
On December 26, 2024, this court conditioned a temporary stay upon, insofar as is relevant here, appellants posting a bond for the full amount of the money judgment and filing proof with this court by January 15, 2025. No appeal bond has been filed with the District Court. An additional condition was for appellants to make monthly U & O payments and file proof of such payments with this court. No proof of payment has been filed with this court since appellants filed their motion to enlarge the time to comply with the conditions.
ENTER:
Paul Kenny
Chief Clerk