Mall At Smith Haven, LLC v. Holy Guacamole Corp.

Full title: Mall at Smith Haven, LLC, Petitioner-Respondent, v. Holy Guacamole Corp.…

Court: Appellate Term of the Supreme Court of the State of New York for the 9th & 10th Judicial Districts

Date published: Jan 26, 2021

2021 N.Y. Slip Op. 61535 (N.Y. App. Term 2021)

Opinion

Motion No: 2020-00623 SC

01-26-2021

Mall at Smith Haven, LLC, Petitioner-Respondent, v. Holy Guacamole Corp., Doing Business as Holy Guacamole, Respondent, and Lee M. Nigen, Nonparty-Appellant.

TERRY JANE RUDERMAN, P.J.

JERRY GARGUILO

ELIZABETH H. EMERSON, JJ.

DECISION & ORDER ON MOTION

Motion by nonparty appellant to stay the judgment on an appeal from an order of the District Court of Suffolk County, Sixth District, entered February 7, 2020.

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

ORDERED that the motion for a stay is granted on condition that within 10 days from the date of this decision and order on motion appellant deposit the amount of the judgment in the court below with proof thereof to be filed with this court on the court's portal within 2 business days after making such deposit; 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, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk