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: Feb 10, 2016

2016 N.Y. Slip Op. 64735 (N.Y. App. Term 2016)

Opinion

Motion No: 2015-01904 KC

02-10-2016

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

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by respondent on appeals from an order of the Civil Court of the City of New York, Kings County, entered April 17, 2014, and a decision of the same court dated October 22, 2014, to vacate a stay granted by decision and order on motion of this court dated October 29, 2015, and to direct the release of funds on deposit. Cross motion by appellant to enlarge the time to perfect the appeal and to continue the stay.

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

ORDERED that respondent's motion is denied; and it is further,

ORDERED that appellant's cross motion is granted on condition that appellant perfect the appeal by April 1, 2016; and it is further,

ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk