Opinion
Motion No: 2015-02398 DC
05-06-2016
Robert Renzler and Gail Kunzelman, Respondents, v. Meryl Fraguela, Appellant.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant, by order to show cause dated April 1, 2016, in effect, for leave to reargue her prior motion for summary reversal of a final judgment of the Justice Court of the Town of Dover Plains, Dutchess County, entered September 29, 2015, which prior motion was determined by decision and order on motion of this court dated February 8, 2016, or, in the alternative, in effect, to continue a stay of enforcement of the final judgment contained in the decision and order on motion of this court dated February 8, 2016, and for an award of costs and disbursements.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking, in effect, leave to reargue appellant's prior motion for summary reversal is granted and, upon reargument, the original determination is adhered to; and it is further,
ORDERED that the branch of the motion seeking, in effect, to continue the stay is granted on condition that appellant continue to comply with the payment terms of this court's decision and order on motion dated February 8, 2016 and perfect the appeal by July 1, 2016; and it is further,
ORDERED that in the event that any of the above conditions are not complied with, the court, on its own motion, may vacate the stay, or respondents may move to vacate the stay on three days' notice; and it is further,
ORDERED that the branch of the appellant's motion seeking an award of costs and disbursements is denied.
ENTER:
Paul Kenny
Chief Clerk