Opinion
Motion No: 2013-00096 qc
04-05-2013
A Stone Construction Corp., Respondent, v. Fortune/Newday, Inc. et al., Tenants; Christopher Scott Decker, Pat Wehl and Jake Gutierrez, Appellants.
, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Motion by appellants for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, dated January 2, 2013. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellants' motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that appellants' motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,
ORDERED that appellants' motion is granted on condition that the appeal be perfected on or before June 7, 2013. Appellants are directed to pay to respondent use and occupancy from January 1, 2013 at the rate of $4,400 a month 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.
ENTER:
Paul Kenny
Chief Clerk