Opinion
Motion No: 2014-00866 ORC
06-23-2014
Bryan and Donna Tyrrell, Respondents, v. John and Shirley Kelly, Appellants.
, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellants for a stay pending the determination of an appeal from a judgment of the Justice Court of the Village of Maybrook, Orange County, dated April 8, 2014.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted on condition that the appeal be perfected by September 5, 2014 and on the further condition that appellants deposit with the court below the sum of $2,006.67 within 10 days of the date of this decision and order on motion; and it is further,
ORDERED that in the event that any the above conditions are not met, the court, on its own motion, may vacate the stay, or respondents may move to vacate the stay on three days' notice.
We note that this court cannot consider material that was not made part of the record. Appellants' remedy, if they be so advised, may be to move in the Justice Court to set aside the judgment based on newly discovered evidence (see CPLR 5015 [a] [2]).
ENTER:
Paul Kenny
Chief Clerk