Opinion
Motion No: 2016-00770 KC
05-23-2016
Angel Realty, LLC etc., Respondent, v. Barry Pomerantz, Terry Sue Pomerantz, Larry B. Margolis et al., Appellants.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant Larry B. Margolis for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated March 4, 2016, and for "additional time" to move for leave to reargue an order of the same court dated March 2, 2016. Cross motion by respondent for sanctions.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by appellant Larry B. Margolis seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before August 5, 2016. Appellant Larry B. Margolis 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 on motion 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; and it is further,
ORDERED that the branch of the motion seeking "additional time" to move for leave to reargue an order of the Civil Court dated March 2, 2016 is denied; and it is further,
ORDERED that respondent's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk