Opinion
Motion No: 2018-02522 KC
01-29-2019
Marvin Ellerby, Jr., Respondent, v. Josef Helman, Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant 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 October 31, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted on condition that the appeal be perfected on or before May 3, 2019. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy from the date of the final judgment 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, without further notice, or respondent may move to vacate the stay, on three days' notice.
ENTER:
Paul Kenny
Chief Clerk