Opinion
Motion No: 2017-00148 KC
03-16-2017
Plaza Residences, L.P., Respondent, v. Latrice Prince, Appellant, et al., Undertenant.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Motion by appellant pro se 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 November 25, 2016, deemed from a final judgment of the same court entered November 25, 2016 (see CPLR 5512 [a]).
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 June 2, 2017. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as appellant's share of the 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, or respondent may move to vacate the stay on three days' notice.
It is noted that the appeal from the final judgment does not bring up for review a postjudgment order dated January 3, 2017. Appellant's remedy, if she be so advised, is to take an appeal from the order dated January 3, 2017, if her time to appeal therefrom has not expired.
ENTER:
Paul Kenny
Chief Clerk