| Res Land, Inc. v Shs Baisley, LLC |
| Motion No: 2010-01501 qc |
| Slip Opinion No: 2010 NY Slip Op 79951(U) |
| Decided on August 11, 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
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| RES Land, Inc., Respondent, v SHS Baisley, LLC, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 1, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion by appellant for a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before November 5, 2010. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy from June 1, 2010 at the rate previously payable as rent within 10 days from the date of this order and to continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk