Opinion
Motion No: 2015-02295 RIC
01-15-2016
151 Daniel Low, LLC, Respondent, v. James Li, etc., Appellant.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant, by order to show cause dated September 28, 2015, in effect, for summary reversal of an order of the Civil Court of the City of New York, Richmond County, entered September 11, 2015, or, in the alternative, for a stay pending the determination of an appeal from the order. Separate motion by appellant, by order to show cause dated October 14, 2015, in effect, for summary reversal of an order of the same court entered October 5, 2015, or, in the alternative, for a stay pending the determination of an appeal therefrom, deemed an appeal from a final judgment of the same court entered October 21, 2015 (see CPLR 5501 [c]). Separate motion by appellant to reduce the amount of a deposit ordered as a condition of a temporary stay granted in the order to show cause dated September 28, 2015 and to enlarge the time to make the deposit. Separate motion by respondent, in effect, to vacate the temporary stay contained in the order to show cause dated October 14, 2015.
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 appellant's motions and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal from the order entered September 11, 2015 is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of the final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal from the order may be brought up for review and considered on the appeal from the final judgment (see CPLR 5501 [a] [1]); and it is further,
ORDERED that the branch of appellant's motion brought by order to show cause dated October 14, 2015 seeking a stay pending the determination of the appeal from the final judgment is granted on condition that the appeal be perfected on or before April 1, 2016, and upon the further condition that within 10 days from the date of this decision and order on motion appellant pay to respondent the amount of the final judgment and any and all arrears in rent and/or use and occupancy, at the rate previously payable as rent, from the date of the final judgment, and continue to pay use and occupancy to respondent at a like rate as it becomes due; 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 to vacate the stay on three days' notice; and it is further,
ORDERED that appellant's motions are otherwise denied; and it is further,
ORDERED that respondent's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk