Opinion
Motion No: 2011-00726 N C
08-24-2011
Gaspare J. Randazzo, Respondent, v. Jeffrey Amster and Laura Amster, Appellants.
, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Motion by appellants on an appeal from an order of the District Court of Nassau County, First District, entered February 7, 2011, to vacate a decision and order of this court dated June 3, 2011, which granted respondent's motion to vacate a stay granted by decision and order of this court dated May 2, 2011, and to reinstate the stay. By decision and order on motion dated July 11, 2011, appellants' motion was held in abeyance and the matter was remitted to the District Court of Nassau County for a hearing and to report on the issue of whether use and occupancy is being paid by appellants, in view of the conflicting sworn averments on this issue. The District Court of Nassau County has filed its report dated August 2, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and the report of the District Court of Nassau County, dated August 2, 2011, it is
ORDERED that the motion is denied.
ENTER:
Paul Kenny
Chief Clerk