| C.H.T. Place, LLC v Anibal Rios & Elsa Rios |
| Motion No: 2010-01644 kc |
| Slip Opinion No: 2011 NY Slip Op 65696(U) |
| Decided on February 22, 2011 |
| 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| C.H.T. Place, LLC, Respondent, v Anibal Rios and Elsa Rios, Appellants. |
Motion by respondent on an appeal from orders of the Civil Court of the City of New York, Kings County, entered June 25, 2010 and July 8, 2010, to vacate a stay granted by decision and order of this court dated August 27, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that the appeal be perfected by April 1, 2011, and on the further condition that appellants continue to pay respondent use and occupancy 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:
Michael L. Pesce
Presiding Justice