Opinion
Motion Nos. 2023-01358 2023-01439 Index No. 159043/20 Case No. 2022-05377
04-18-2023
Our Lady of the Rosary Realty LLC, Plaintiff-Respondent, v. Clynt Allen Levy, also known as Clyntnell Allen, also known as Clint Allen Levy, Defendant-Appellant, Douglas Dacy, John Doe and Jane Doe, Defendants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Justice Presiding, Ellen Gesmer Saliann Scarpulla Julio Rodriguez III, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about August 15, 2022,
And an order of this Court having been entered on February 07, 2023 (Motion No. 2023-00252), staying enforcement of the aforesaid order pending appeal, on the conditions that defendant-appellant perfect the appeal for the June 2023 Term of this Court, post an undertaking in the amount of $95,823.16 and pay use and occupancy to plaintiff-respondent, And a further order of this Court entered on March 07, 2023 (Motion No. 2023-00699) having clarified the February 07, 2023 order to state the deadline by which defendant-appellant was required to post the undertaking and pay use and occupancy for February 2023 and March 2023, And defendant-appellant, pro se, having moved to clarify the order of this Court, entered on March 07, 2023 to the extent of reducing the amount of the undertaking, based on the allegation that the amount was derived from an erroneous calculation of the rent arrears due and owing from defendant-appellant to plaintiff-respondent, and for a 35-day extension of time within which to comply with said order (Motion No. 2023-01358),
And plaintiff-respondent having cross moved to (1) vacate the stay pending appeal granted by the aforesaid February 07 order of this Court, as clarified by the March 07, 2023 order of this Court, and (2) dismiss the appeal for failure to comply with the condition contained in said orders that defendant-appellant perfect the appeal for the June 2023 Term of this Court (Motion No. 2023-01439), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that defendant-appellant's motion is denied (Motion No. 2023-01358), and
It is further ordered that plaintiff-respondent's cross motion is granted to the extent of vacating the stay imposed by this Court's February 07, 2023 order under Motion No. 2023-00252, as clarified by this Court's March 07, 2023 order under Motion No. 2023- 00699; the cross motion is otherwise denied as unnecessary (see 22 NYCRR 1250.10[a]) (Motion No. 2023-01439).