Opinion
2012-1909 Q C
09-24-2012
QP I-XXV, LLC, Respondent, v. Lawrence Lame, Appellant, and Laurie Lame, Tenant.
, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of appeals from orders of the Civil Court of the City of New York, Queens County, entered, respectively, June 30, 2012 and August 6, 2012, and to consolidate the appeals.
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 June 30, 2012 is dismissed on the ground that the right of direct appeal from the order terminated with the entry of a default final judgment on July 24, 2012 (see Matter of Aho, 39 NY2d 241, 248 [1976]); and it is further,
ORDERED that the branch of appellant's motion seeking to consolidate the appeals is denied as moot; and it is further,
ORDERED that the branch of appellant's motion seeking a stay pending the determination of the appeal from the order entered August 6, 2012 is granted on condition that the appeal be perfected by December 7, 2012. Appellant is directed to deposit with the court below the sum of $10,129.86 within 10 days from the date of this decision and order and to continue to pay respondent use and occupancy at the rate previously payable as rent as it becomes due, and shall file with this court proof of deposit 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