Opinion
Motion No: 2019-00970 KC
12-27-2019
Wykoff SP, LLC, Respondent, v. Myles Bennett, Zachary Weingart, and Matthew Chaves, Appellants.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellants on appeals from an order of the Civil Court of the City of New York, Kings County, entered May 17, 2019, and from a final judgment of that court entered June 4, 2019, in effect, to continue a stay granted by decision and order on motion of this court dated July 25, 2019. Cross motion by respondent to dismiss the appeal for failure to perfect, and for an award of costs and sanctions. Separate motion by respondent to vacate the stay.
Upon the papers filed in support of the motion, cross motion and separate motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellants' motion, respondent's cross motion and respondent's separate motion are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal from the order entered May 17, 2019 is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a final judgment on June 4, 2019 (see Matter of Aho, 39 NY2d 241, 248 [1976]), which final judgment has been separately appealed. The issues sought to be raised on the appeal from the order may be brought up for review and considered on the appeal from the final judgment (see CPLR 5501 [a] [1]); and it is further,
ORDERED that appellants' motion, in effect, to continue the stay is granted on condition that appellants continue to pay to respondent use and occupancy at the rate of $3,500 per month as it becomes due; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person; and it is further,
ORDERED that respondent's cross motion and separate motion are denied.
ENTER:
Paul Kenny
Chief Clerk