Opinion
Motion No: 2019-00528 NC
06-07-2019
Eve Shalam, Respondent, v. Avi M. Koschitzki, Appellant.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from a decision of the District Court of Nassau County, First District, dated February 28, 2019. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,
ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before September 6, 2019, and on the further condition that within 15 days from the date of this decision and order on motion appellant pay to respondent the amount of the final judgment and 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, and continue to pay 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, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk