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Midwood Estates v. Kalish

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
May 20, 2015
2015 N.Y. Slip Op. 75282 (N.Y. App. Term 2015)

Opinion

Motion No: 2013-02157 KC

05-20-2015

Midwood Estates, Respondent, v. Razi Kalish, Appellant.


MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by appellant, returnable January 16, 2015, on an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered August 26, 2013, to continue a stay granted by decision and order on motion of this court dated December 3, 2013, and extended by decisions and orders on motions of this court dated April 9, 2014 and October 3, 2014. Separate motion by appellant, returnable March 3, 2015, for leave to withdraw the appeal and for an order directing the release of funds on deposit. Separate motion by appellant, returnable April 21, 2015, to withdraw the motion returnable March 3, 2015, "to declare eviction null and void," and for an order directing the release of the funds on deposit to the Human Resources Administration.

Upon the papers filed in support of the motions and the papers filed in opposition to the motion to continue the stay, it is

ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion to continue the stay is granted on condition that the appeal be perfected on or before July 10, 2015, and upon the further condition that within 10 days from the date of this decision and order on motion appellant pay respondent the sum of $1,528.44 and any and all arrears in rent and/or use and occupancy at the rate of $219.86 per month from February 1, 2015, and continue to pay use and occupancy to respondent 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 appellant's motion returnable April 21, 2015 seeking to withdraw the motion returnable March 3, 2015 is granted and the motion returnable March 3, 2015 is marked withdrawn; and it is further,

ORDERED that appellant's motion returnable April 21, 2015 is otherwise denied.

ENTER:

Paul Kenny

Chief Clerk


Summaries of

Midwood Estates v. Kalish

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
May 20, 2015
2015 N.Y. Slip Op. 75282 (N.Y. App. Term 2015)
Case details for

Midwood Estates v. Kalish

Case Details

Full title:Midwood Estates, Respondent, v. Razi Kalish, Appellant.

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

Date published: May 20, 2015

Citations

2015 N.Y. Slip Op. 75282 (N.Y. App. Term 2015)
2015 N.Y. Slip Op. 75280
2015 N.Y. Slip Op. 75281