Opinion
Motion No: 2018-00844 ORC
06-19-2018
Melody II, LLC, Respondent, v. George Figueroa, Appellant, et al., Undertenant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant pro se, in effect, for summary reversal of an order of the City Court of Middletown, Orange County, entered April 26, 2018, or, in the alternative, for a stay pending the determination of an appeal therefrom. The order denied appellant's motion to vacate a default final judgment of that court entered March 27, 2018.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of appellant's motion seeking summary reversal is granted on consent, the order entered April 26, 2018 is summarily reversed, without costs, and appellant's motion to vacate the default final judgment entered March 27, 2018 is granted to the extent of setting the matter down for a traverse hearing; and it is further,
ORDERED that the branch of appellant's motion seeking a stay is denied as academic.
MARANO, P.J., TOLBERT and GARGUILO, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk