Opinion
Motion No: 2013-00945 qc
07-29-2013
111-35 75th Ave. Owners Corp., Respondent, v. Sarah Hendrix, Appellant, et al., Undertenants.
, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, 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, Queens County, entered April 19, 2013. 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 and the papers filed in opposition thereto, 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 opposition papers are deemed timely served and filed; and it is further,
ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before October 4, 2013. 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 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.
Appellant's motion for a stay is granted based on her showing of an arguably meritorious appeal from the April 19, 2013 post-judgment order. We note, however, that some of the contentions sought to be raised by appellant may be raised only on a direct appeal from the final judgment.
ENTER:
Paul Kenny
Chief Clerk