Appellate Division: Second Judicial Department

M50703

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-01438 Hempstead Video, Inc., appellant, v 363 Rockaway Associates, LLP, respondent. (Index No. 17445/05)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated January 12, 2006, to modify a decision and order on motion of this court dated March 2, 2006, which granted the appellant's motion, in effect, to enjoin the respondent from commencing or prosecuting any proceeding in the District Court, Nassau County, to evict the appellant from the subject premisses pending hearing and determination of the appeal, by directing the appellant to pay the rent required by the parties' lease and to pay any arrears in rent.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the decision and order on motion dated March 2, 2006, is modified by imposing the additional condition that beginning March 1, 2007, the appellant shall pay the rent due for March, pay the rent due for subsequent months by the first of the month pending hearing and determination on the appeal, and pay any arrears for rent due before March 2007 on or before April 10, 2007.

CRANE, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court