Opinion
Motion No: 2013-01222 kc
07-30-2013
2242 Clarendon Realty, LLC, Respondent, v. Edith Etienne, Appellant.
, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to be restored to possession of the premises pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated June 11, 2013, to modify a decision and order on motion of this court dated June 27, 2013, 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 motion is granted and respondent is directed to restore appellant to possession forthwith; and it is further,
ORDERED that enforcement of the Civil Court's order is stayed pending the determination of the appeal on condition that appellant pay respondent use and occupancy at the rate previously payable as appellant's share of the rent from the date appellant is restored to possession of the premises and continue to pay respondent use and occupancy at a like rate as it becomes due, and on the further condition that appellant perfect the appeal on or before October 4, 2013; and it is further,
ORDERED that in the event that any of the above conditions for remaining in the premises following restoration 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