| Pembroke Realty Co. v Carolyn Green |
| Motion No: 2010-00272 kc |
| Slip Opinion No: 2010 NY Slip Op 85029(U) |
| Decided on October 5, 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.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Pembroke Realty Co., Respondent, v Carolyn Green, Appellant, and John Doe, Undertenant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 23, 2009, to continue a stay contained in an order of this court dated July 1, 2010. Motion by respondent to vacate the stay.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further
ORDERED that the motion by appellant to continue the stay contained in the order of this court dated July 1, 2010 is granted on condition that appellant perfect the appeal by December 3, 2010 and pay to landlord all arrears in rent and/or use and occupancy from May 1, 2010 at the rate previously payable as rent within seven days from the date of this order and continue to pay landlord use and occupancy at a like rate as it becomes due; and it is further,
ORDERED that the motion by respondent to vacate the stay contained in the order of this court dated July 1, 2010 is denied; 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