Opinion
Motion No: 2018-02215 KC
01-04-2019
930-940, LLC, Appellant, v. Sheila Farley and Lawrence Ellington Farley, Respondents, et al., Undertenants.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 31, 2018, an order of that court dated July 18, 2018, and a judgment of that court entered August 27, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeals from the decision and the order are dismissed, as no appeal lies from a decision (see CCA 1702) and any right of direct appeal from the intermediate order terminated with the entry of the judgment on August 27, 2018 (see Matter of Aho, 39 NY2d 241, 248 [1976]); and it is further,
ORDERED that appellant's motion is granted to the extent of staying all proceedings pending the determination of the appeal from the judgment on condition that the appeal be perfected on or before April 5, 2019 and on the further condition that within 10 days from the date of this decision and order on motion appellant deposit into the Civil Court the sum of $35,000; 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, without further notice, or respondent may move to vacate the stay, on three days' notice.
ENTER:
Paul Kenny
Chief Clerk