Dara Realty Assocs. v. Musheyev

Full title: Dara Realty Assocs., Respondent, v. Lyudmila Musheyev, Tenant, and Albert…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Nov 12, 2014

2014 N.Y. Slip Op. 90923 (N.Y. App. Term 2014)

2014 N.Y. Slip Op. 90921

2014 N.Y. Slip Op. 90922

Opinion

Motion No: 2014-01469 QC

11-12-2014

Dara Realty Assocs., Respondent, v. Lyudmila Musheyev, Tenant, and Albert Musheyev, Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant 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 July 1, 2014. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion. Separate motion by appellant for an enlargement of time to serve and file papers in reply to respondent's papers in opposition.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that appellant's motions 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 appellant's motion for an enlargement of time to serve and file a reply to respondent's papers in opposition is granted and the reply papers are deemed timely served and filed; and it is further,

ORDERED that appellant's motion for a stay is granted on condition that within 10 days from the date of this decision and order on motion appellant deposit with the court below the sum of $4,374.49 together with any and all arrears in rent and/or use and occupancy from August 1, 2014, and continue to deposit into court use and occupancy at the rate previously payable as rent as the same becomes due, and upon the further condition that the appeal be perfected by January 2, 2015. Appellant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after making such deposit; 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