Opinion
Motion No: 2014-01076 NC
07-11-2014
Monroe Beach, Inc., Respondent, v. Christine Silver, Appellant, et al., Tenant.
, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of appeals from orders of the District Court of Nassau County, First District, dated March 12, 2014 and May 5, 2014, respectively, and by nonparty Michael J. Kaszubski, Esq., to stay enforcement of an order of the same court dated March 14, 2014, which imposed sanctions upon him.
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 appeal from the order dated March 12, 2014 is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a final judgment in the proceeding (see Matter of Aho, 39 NY2d 241, 248 [1976]); and it is further,
ORDERED, on the court's own motion, that so much of the appeal from the May 5, 2014 order as is from the portion of that order that denied a motion by nonparty Michael J. Kaszubski, Esq., to vacate the sanction previously imposed upon him is dismissed on the ground that appellant is not aggrieved by that portion of the order (CPLR 5511; Scopelliti v Town of New Castle, 92 NY2d 944 [1988]; Kennedy Plaza, LLC v Powell, 11 Misc 3d 132[A], 2006 NY Slip Op 50355[U] [App Term, 2d & 11th Jud Dists 2006]); and it is further,
ORDERED that the branch of the motion by appellant seeking a stay pending the determination of the appeal from the order dated May 5, 2014 is granted on condition that the appeal be perfected on or before October 3, 2014. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy 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 the branch of the motion by nonparty Michael J. Kaszubski, Esq., for a stay is dismissed, as he has failed to file a notice of appeal on his own behalf.
ENTER:
Paul Kenny
Chief Clerk