Opinion
2018-657 K C 2017-2345 K C
05-04-2018
246 Leonard Realty, LLC, Respondent, v. Paul Phoa, Appellant, et al., Undertenants.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to consolidate the above-enumerated appeals from an order of the Civil Court of the City of New York, Kings County, dated March 24, 2017, and an order of that court entered November 13, 2017, and for a stay pending the determination of the appeal.
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motion, that the appeal from the order dated March 24, 2017 (appeal No. 2017-2345 K C) is dismissed, as that order was superseded by the order entered November 13, 2017, made upon reargument; and it is further,
ORDERED that the branch of appellant's motion seeking to consolidate the appeals is denied as academic; and it is further,
ORDERED that the branch of appellant's motion seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before August 3, 2018. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to 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 stay, without further notice, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk