Opinion
Motion No: 2015-00550 QC
06-19-2015
Anna R. Waldman, Respondent, v. United Dental Corporation, Appellant.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of appeals from an order of the Civil Court of the City of New York, Queens County, entered March 12, 2015, a decision of the same court dated March 12, 2015, and a final judgment of the same court entered March 12, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the order of the Civil Court entered March 12, 2015 is dismissed, as no appeal lies from an intermediate order upon entry of a final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]); and it is further,
ORDERED, on the court's own motion, that the appeal from the decision dated March 12, 2015 is dismissed, as no appeal lies from a decision (see CCA 1702; Hall v Paez, 77 AD3d 620 [2010]); and it is further,
ORDERED that appellant's motion is granted to the extent of staying enforcement of the final judgment on condition that within 10 days from the date of this decision and order on motion any and all arrears in rent and/or use and occupancy from April 1, 2015 at the rate of $3,448.92 per month be paid to respondent and that use and occupancy continue to be paid at a like rate as the same becomes due and upon the further condition that the appeal be perfected by August 7, 2015; 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 stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk