Appellate Division: Second Judicial Department

M89520

S/nl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

ANITA R. FLORIO

CHERYL E. CHAMBERS, JJ.

2009-05457, 2009-06255 Combined Ventures, LLC, plaintiff, v Fiske House Apt. Corp., et al., defendants, Daisy Green, appellant; 22 Fiske Place, LLC, nonparty-respondent. (Index No. 14449/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of possession in connection with apartment 2R at the subject premises pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated March 31, 2009, and June 3, 2009.

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 enforcement of the order of possession is stayed pending hearing and determination of the appeals on condition that (1) on or before July 30, 2009, the appellant pay to the nonparty-respondent the sum of $427.51 representing rent for the month of July 2009, and thereafter on the first of each month pay the sum of $427.51 to the non-party respondent pending hearing and determination of the appeal, and (2) on or before August 14, 2009, the appellant shall deposit with her attorney in an interest bearing escrow account the sum of $7,695.18 representing rent arrears for a period of 18 months and the appellant shall notify this court in writing when the aforementioned amount has been deposited; and it is further,

ORDERED that if the appellant fails to comply with either of the above conditions the respondent may move, on three days notice, to vacate the stay.

MASTRO, J.P., SKELOS, FLORIO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court