Opinion
Motion No: 2013-01298 NC
04-02-2014
STP Associates, LLC, Respondent, v. Nelson Hess et al., Appellants. Lower Court # L & T 706-11
, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
STP Associates, LLC, Respondent, v Marcy Rappaport et al., Appellants.
Appellate Term Docket No. 2013-1299 N C
Lower Court # L & T 2152-11
Motion by appellants in the above-entitled appeals from final judgments of the District Court of Nassau County, First District, entered January 31, 2013, for leave to reargue their opposition to respondent's prior motions to vacate stays granted by decision and order on motion of this court dated September 19, 2013, which prior motions were determined by decision and order on motion of this court dated January 7, 2014. Separate motions by appellants for leave to appeal to the Appellate Division from the January 7, 2014 decision and order on motion of this court. Separate motion by appellants for an order declaring appellants to have complied with the decision and order on motion of this court dated September 19, 2013.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the above-entitled appeals are consolidated for the purpose of disposition of appellants' motions; and it is further,
ORDERED, on the court's own motion, that appellants' motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellants' motion for leave to reargue is granted to the extent that leave to reargue is granted and, upon reargument, respondent's motions to vacate the stays are denied on condition that appellants pay to respondent any and all arrears in rent and/or use and occupancy, as set forth in the October 1, 2013 "Open Item Statement" attached to appellants' motion for leave to reargue as part of Exhibit "F", at the rate previously payable as rent within 10 days from the date of this decision and order on motion and 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 stays, or respondent may move to vacate the stays on three days' notice; and it is further,
ORDERED that appellants' motions for leave to appeal to the Appellate Division and for an order declaring that appellants have complied with the decision and order on motion of this court dated September 19, 2013 are denied.
ENTER:
Paul Kenny
Chief Clerk