Opinion
2015-02101 K C
01-07-2016
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, to vacate a stay granted by decision and order on motion of this court dated November 12, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that appellant pay 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 continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,
ORDERED, on the court's own motion, that the stay pending the determination of the appeal, granted by decision and order on motion of this court dated November 12, 2015, is continued on condition that the appeal be perfected on or before February 5, 2016; 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