Opinion
Motion No: 2016-00863 KC
05-02-2016
55 Ocean, LLC, Respondent, v. Debbie Cox, Tenant and Alia Thomas, Appellant.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to be restored to possession pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 15, 2016, and for a stay pending the determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and respondent is directed to restore appellant to possession upon appellant paying respondent within 10 days of the date of this decision and order on motion the amount of $15,126.40 plus May 2016 rent; and it is further,
ORDERED that enforcement of the judgment is stayed pending the determination of the appeal on condition that appellant continue to pay respondent use and occupancy at the rate previously payable as rent as it becomes due, and perfect the appeal on or before August 5, 2016; 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