| 470 Realty Ny L.L.C. v Betty Mcphatter |
| Motion No: 2010-02559 kc |
| Slip Opinion No: 2010 NY Slip Op 91031(U) |
| Decided on December 7, 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
MICHELLE WESTON, J.P.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| 470 Realty NY LLC., Respondent, v Betty McPhatter, 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, Kings County, entered September 14, 2010. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.
Upon the papers filed in support of the motions, 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 respondent is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that the motion by appellant is granted on condition that the appeal be perfected on or before February 4, 2011. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy from November 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:
Marsha L. Steinhardt
Associate Justice