Opinion
Motion No: 2015-01252 KC
07-17-2015
1073-75 Bedford, LLC, Respondent, v. Salimah McAlmon, Appellant.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to deem a timely served notice of appeal bearing the wrong date of the decision to be a valid notice of appeal from a decision of the Civil Court of the City of New York, Kings County, dated April 10, 2015, to enlarge the time to file the notice of appeal, 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 that the branch of the motion seeking to deem the timely served notice of appeal to be a valid notice of appeal from the decision of the Civil Court of the City of New York, Kings County, dated April 10, 2015 is granted (see CPLR 5520 [c]); and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to file the notice of appeal is granted and the notice of appeal shall be filed within 30 days of the date of this decision and order on motion (see CPLR 5520 [a]); and it is further,
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before October 2, 2015. 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, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk