Opinion
Motion No: 2016-00769 KC
12-22-2016
Marsam Realty 13th Avenue, LLC, Respondent, v. Bagels "N" Greens BP, LLC, Appellant.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Motions by appellant, returnable October 7, 2016 and October 24, 2016, respectively, on an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered March 9, 2016, to continue a stay granted by decision and order on motion of this court dated May 6, 2016.
Upon the papers filed in support of appellant's motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motion returnable October 7, 2016 is denied based on a lack of service of the moving papers; and it is further,
ORDERED that the motion returnable October 24, 2016 is granted on condition that appellant perfect the appeal by February 3, 2017 and continue to comply with the other conditions contained in the decision and order on motion of this court dated May 6, 2016; 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.
ENTER:
Paul Kenny
Chief Clerk