| 104 Realty LLC v Tuvia Ben Shmuel Yosef |
| Motion No: 2010-02103 qc |
| Slip Opinion No: 2011 NY Slip Op 65947(U) |
| Decided on February 25, 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.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| 104 Realty LLC, Respondent, v Tuvia Ben Shmuel Yosef, Appellant. |
Motion by respondent to dismiss an appeal from a decision of the Civil Court of the City of New York, Queens County, dated June 24, 2010, to vacate a stay granted by decision and order of this court dated October 5, 2010, and to release the funds on deposit. Separate motion by appellant to modify this court's decision and order dated October 5, 2010 to provide that use and occupancy shall be paid into court, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's and appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that the branch of respondent's motion seeking to vacate the stay granted by decision and order of this court dated October 5, 2010 is denied on condition that within 10 days of the date of this decision and order appellant pay to respondent any and all arrears in rent and/or use and occupancy from July 1, 2010, and on the further condition that he perfect the appeal by May 6, 2011 and continue to comply with all the other conditions contained in the decision and order of this court dated October 5, 2010; 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; and it is further,
ORDERED that the branches of respondent's motion seeking to dismiss the appeal and to release the funds on deposit are denied; and it is further,
ORDERED that the branch of appellant's motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by May 6, 2011; and it is further,
ORDERED that the branch of appellant's motion seeking to modify this court's decision and order dated October 5, 2010 to provide that use and occupancy shall be paid into court is denied.
ENTER:
Michael L. Pesce
Presiding Justice