Opinion
Motion No: 2014-01624 KC
01-08-2015
Caton Owners, LLC, Respondent, v. Avril Lyttle, 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, dated July 3, 2014, and, in effect, to reinstate and continue a stay granted by decision and order on motion of this court dated September 24, 2014.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to be restored to possession is granted; and it is further,
ORDERED that the branch of the motion, seeking, in effect, to reinstate and continue the stay granted by decision and order on motion of this court dated September 24, 2014 is granted on condition that the appeal be perfected on or before April 3, 2015, and on the further condition that appellant pay to respondent any and all arrears in rent and/or use and occupancy from January 1, 2015 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 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