Opinion
Motion No: 2019-00018 KC
03-11-2019
Prospect Park Management, LLC, Respondent, v. Latonya Williams, Appellant, et al., Occupants.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant, returnable January 9, 2019, for a stay pending the determination of appeals from a decision of the Civil Court of the City of New York, Kings County, dated September 26, 2018, and an amended decision of that court dated October 9, 2018. Separate motion by appellant, by order to show cause, for a stay pending the determination of the motion returnable January 9, 2019.
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 are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal from the decision dated September 26, 2018 is dismissed, as that decision was superseded by the amended decision dated October 9, 2018; and it is further,
ORDERED that appellant's motion for a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before June 7, 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; and it is further,
ORDERED that appellant's motion by order to show cause is denied as moot.
ENTER:
Paul Kenny
Chief Clerk