of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHELLE WESTON, J.P.

JOSEPH G. GOLIA

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a discretionary stay pending the determination of appeals from orders of the Civil Court of the City of New York, Kings County, entered July 14, 2009, November 9, 2009, and August 11, 2010, and from a final judgment of the same court entered April 7, 2010; for an order granting appellant's application for an automatic stay; and for leave to appeal to this court from the Civil Court's refusal, on August 20, 2010, to sign appellant's order to show cause seeking an order fixing an undertaking pursuant to CPLR 5519 (a) (6).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeals from the orders entered July 14, 2009 and November 9, 2009 are dismissed because the right of direct appeal therefrom terminated with the entry of the final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]); and it is further,

ORDERED that the branch of the motion seeking a discretionary stay pending the determination of the appeals is granted on condition that the appeals be perfected on or before February 4, 2011. Appellant is directed to pay to respondents any and all arrears in rent and/or use and occupancy at the rate of $1,800 per month within 10 days from the date of this decision and 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 respondents may move to vacate the stay on three days' notice; and it is further,

ORDERED that the remaining branches of the motion are denied.

ENTER:

Jaime A. Rios

Associate Justice