| Grant Forbell, L.P. v Olalekan Onabolu |
| Motion No: 2009-02288 kc |
| Slip Opinion No: 2010 NY Slip Op 71631(U) |
| Decided on May 10, 2010 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
JOSEPH G. GOLIA, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Grant Forbell, L.P., respondent, v Olalekan Onabolu , appellant. |
Motion by landlord-respondent to vacate the stay contained in the order of this court dated January 5, 2010 and for an order directing the release of funds deposited into the court below, and motion by tenant-appellant to file late opposition to landlord-respondent's motion, on an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 4, 2009.
Upon the papers filed in support of said motion and the papers filed in opposition thereto, it is,
ORDERED, on the court's own motion, that the motion by landlord-respondent and the motion by tenant-appellant are consolidated for purposes of disposition; and it is further,
ORDERED that the motion by tenant-appellant to file late opposition is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that the branch of the motion by landlord-respondent seeking to vacate the stay contained in the order of this court dated January 5, 2010 is denied on condition tenant perfect the appeal on or before July 2, 2010 and pay to landlord any and all arrears within 10 days from the date of this order and continue to pay landlord use and occupancy at a like rate at it becomes due; and it is further,
ORDERED that the branch of the motion for an order directing the release of funds deposited into the court below is granted and the New York City Department of Finance is directed to release the funds on deposit in this matter to landlord-respondent Grant Forbell, L.P., less any lawful fees.
ENTER:
Jaime A. Rios
Associate Justice