| 175 E. Parkway Assoc. v Jean Paul Baptiste |
| Motion No: 2009-00282 kc |
| Slip Opinion No: 2010 NY Slip Op 78351(U) |
| Decided on July 27, 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
MARSHA L. STEINHARDT, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| 175 Eastern Parkway Associates, Respondent, v Jean Paul Baptiste Also Known as Constant Jean Baptiste, Jr., Appellant, and Steven H. Sindos, "John Doe" and "Jane Doe", Undertenants. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 18, 2008, and to vacate a stay granted by order of this court dated October 9, 2009. Motion by appellant for leave to file late opposition to respondent's motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is,
ORDERED, on the court's own motion, that the motion by respondent and the motion by appellant are consolidated for the purpose of disposition; and it is further,
ORDERED that the motion by appellant for leave to file late opposition to respondent's motion is granted and the opposition papers are deemed timely served and filed; and it is further,
ORDERED that the branch of respondent's motion seeking to dismiss the appeal is denied; and it is further,
ORDERED that the branch of respondent's motion seeking to vacate the stay is denied on condition that within 10 days of the date of this order appellant pay respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent without any deduction for a credit allegedly due and continue to pay use and occupancy to respondent at a like rate as the same becomes due; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay upon three days' notice.
ENTER:
Marsha L. Steinhardt
Associate Justice