Opinion
Motion No: 2014-02658 KC
03-05-2015
Flatbush Patio, LLC, Respondent, v. Emmanuel Daudu, Appellant.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated November 18, 2014. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,
ORDERED that appellant's motion is granted on condition that within 10 days from the date of this decision and order on motion appellant deposit with the court below any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, less the sum of $845.98 already deposited, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal be perfected by May 1, 2015. Appellant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy, less the sum of $845.98 already deposited, within one business day after making such deposit; 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