Savin Gasoline Properties v. CCO LLC (2011)

MEMORANDUM OF DECISION ON MOTION TO TERMINATE APPELLATE STAY

Having heard the parties on January 25, 2011, the court denies Savin Gasoline Properties LLC's (“Savin”) motion to terminate the automatic appellate stay in the underlying summary process action.   This court concludes, pursuant to Conn. Prac. Bk. § 61-11(c), that the appeal has not been taken solely for delay as there are colorable issues to be raised on appeal.   Moreover, the due administration of justice does not require termination of the appellate stay because Savin concedes that the tenant has made all of the required use and occupancy payments.

Prescott, J.

Prescott, J.