| Rr Reo 11, L.L.C. v Theresa Omeje, Et Al., Tenants & Patrick Omeje |
| Motion No: 2010-01548 kc |
| Slip Opinion No: 2010 NY Slip Op 90470(U) |
| Decided on December 2, 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
| RR Reo 11, LLC., Respondent, v Theresa Omeje, et al., Tenants and Patrick Omeje, Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 22, 2010, (1) to compel respondent to comply with a decision and order of this court dated August 12, 2010, which, among other things, directed respondent to restore appellant to the premises forthwith pending the determination of the appeal, (2) to enlarge the time to perfect the appeal, and (3) to continue a stay contained in a decision and order of this court dated August 12, 2010. Cross motion by respondent to vacate the stay contained in the decision and order of this court dated August 12, 2010, or, in the alternative, to condition the stay upon the payment of use and occupancy, and for other relief.
By decision and order of this court dated November 4, 2010, the branch of appellant's motion seeking to compel respondents to comply with the decision and order of this court dated August 12, 2010 was granted to the extent of directing respondent to show cause at a hearing why an order should not be made punishing respondent for contempt for failing to comply with the decision and order of this court dated August 12, 2010, and the remainder of the motion was held in abeyance pending the hearing.
Now, upon both parties' acknowledgment at the hearing that occupant has been restored to possession, and upon the papers filed in support of the motion and the cross motion and the papers filed in opposition to the motion, it is
ORDERED that the branch of the motion seeking to hold respondent in contempt is denied; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by January 7, 2011; and it is further,
ORDERED that the branch of the motion seeking to continue the stay contained in the decision and order of this court dated August 12, 2010 is granted on condition that within 10 days of the date of this decision and order appellant deposit into court use and occupancy at the rate of $1,000 per month from the date that appellant was restored to possession and continue to deposit use and occupancy at a like rate as the same becomes due, and upon the further condition that appellant perfect the appeal by January 7, 2011; and it is further,
ORDERED that the cross motion by respondent is granted only to the extent set forth above; and it is further,
ORDERED that in the event that the above conditions are 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