| Gerard Owners Corp. v Faramarz Roshodesh |
| Motion No: 2008-01663 QC |
| Slip Opinion No: 2008 NYSlipOp 84363(U) |
| Decided on September 26, 2008 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| GERARD OWNERS CORP., Respondent, -against- FARAMARZ ROSHODESH, Appellant, -and- "JOHN DOE" and/or "JANE DOE", Undertenants. -----------------------------------------------------------------------------x GERARD OWNERS CORP., Respondent, -against- FARAMARZ ROSHODESH, Appellant, -and- CHARLOTTE GOODMAN, "JOHN DOE" and/or "JANE DOE", Undertenants. -----------------------------------------------------------------------------x --------------------------------------------------------------------------------x GERARD OWNERS CORP., Respondent, -against- FARAMARZ ROSHODESH, Appellant, -and- CHRISTINE MALONEY, SHAWN MALONEY "JOHN DOE" and/or "JANE DOE", Undertenants. |
DECISION
On the court's own motion, the above-listed appeals are consolidated for purposes of disposition of the present motions.
The branches of the motion by tenant-appellant seeking a stay pending the hearing and determination of Appeal No. 2008-1657 Q C and Appeal No. 2008-1662
Q C are granted and enforcement of the final judgments entered in those proceedings is stayed on condition that tenant-appellant deposit into the court below any and all arrears in rent and/or use and occupancy at the rate previously payable as rent and continue to deposit into the court below use and occupancy at a like rate as the same becomes due and upon the further condition that tenant-appellant perfect the appeal by December 5, 2008.
That branch of the motion by tenant-appellant seeking a stay pending the hearing and determination of Appeal No. 2008-1660 Q C is denied.
On the court's further motion, Appeal No. 2008-1292 Q C, Appeal No. 2008-1661 Q C and Appeal No. 2008-1663 Q C are dismissed as untimely.
On the court's further motion, Appeal No. 2008-1657 Q C, Appeal No. 2008-1660 Q C, and Appeal No. 2008-1662 Q C are consolidated, for purposes of disposition of the appeal, under Appeal No. 2008-1657 Q C.
We note that no possessory judgment was awarded in the proceeding brought up for review under Appeal No. 2008-1660 Q C and that tenant may obtain a stay of said judgment by depositing the amount of the judgment into the court below (see CPLR 5519 [a] [2]). The appeal from the three final judgments, brought up for review under Appeal No. 2008-1292 Q C, Appeal No. 2008-1661 Q C and Appeal No. 2008-1663 Q C, is dismissed as untimely because these final judgments were served with notice of entry on May 19, 2008 and the notice of appeal was not filed until July 3, 2008.