Opinion
Motion No: 2015-01632 QC
10-28-2015
Sherwood, LLC, Respondent, v. Joshua Fermin, Appellant, et al., Undertenant.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 26, 2015. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that appellant's motions and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and respondent's papers in opposition are deemed timely served and filed; and it is further,
ORDERED that appellant's enlargement motion is granted and appellant's papers in opposition are deemed timely served and filed; 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 January 8, 2016, and upon the further condition that within 10 days from the date of this decision and order on motion appellant deposit with the court below the sum of $9,288 and pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent from August 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.
ENTER:
Paul Kenny
Chief Clerk