Opinion
M-3043 M-1350
11-21-2017
Moon 170 Mercer, Inc., Plaintiff-Respondent, v. Zachary Vella, Defendant-Appellant.
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about February 7, 2017, And defendant-appellant having moved for a stay of enforcement of the aforesaid order pending hearing and determination of the appeal taken therefrom and an appeal in Mephisto Management LLC v Moon 170 Mercer, Inc. (M-1350), And plaintiff-respondent having moved to vacate the interim relief granted by an order of a Justice of this Court on February 7, 2017, to dismiss the aforesaid appeal and for other relief (M-3043) Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion (M-1350) is granted on condition defendant-appellant continues to maintain a bond or undertaking in the amount of the judgment plus continuing interest. Sua sponte, the time to perfect the appeal is enlarged to the June 2018 Term (M-1350). The motion to dismiss the appeal and other relief is denied, without prejudice to proceedings in the Supreme Court (M-3042). [See M-5470, decided simultaneously herewith].
ENTERED: November 21, 2017
_____________________ CLERK
PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Angela M. Mazzarelli Sallie Manzanet-Daniels, Justices
Index No. 155605/12