Amity Court, Inc. v. Wertheim

Full title: Amity Court, Inc., Appellant, v. Joan Wertheim, Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Oct 29, 2015

2015 N.Y. Slip Op. 89476 (N.Y. App. Term 2015)

Opinion

Motion No: 2015-01904 KC

10-29-2015

Amity Court, Inc., Appellant, v. Joan Wertheim, Respondent.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of appeals from an order of the Civil Court of the City of New York, Kings County, dated April 17, 2014, and a decision of the same court dated October 22, 2014. Cross motion by respondent to dismiss the appeals for failure to prosecute, or, in the alternative, to direct appellant to deposit the amount awarded as attorney's fees.

Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and enforcement of the order and decision is stayed pending the determination of the appeals on condition that within 10 days from the date of this decision and order on motion appellant deposit with the Civil Court the balance of the attorney's fees awarded with proof thereof to be filed with this court one business day after making such deposit and upon the further condition that the appeal be perfected on or before December 4, 2015; 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 it is further,

ORDERED that the cross motion is denied.

ENTER:

Paul Kenny

Chief Clerk