| Central Bklyn Comm. Svcs, Inc. v Rise Up & Walk Youth Outreach Ctr., Inc. |
| Motion No: 2011-00399 kc |
| Slip Opinion No: 2011 NY Slip Op 68112(U) |
| Decided on March 16, 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
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Central Bklyn Comm. Svcs, Inc., Respondent, v Rise Up & Walk Youth Outreach Center, Inc., Appellant. |
Motion by appellant for a stay pending the determination of an appeal from three orders of the Civil Court of the City of New York, Kings County, entered November 3, 2010, November 29, 2010 and December 17, 2010, respectively.
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 appeal from the order entered November 3, 2010 is dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before May 6, 2011. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent 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 respondent may move to vacate the stay on three days' notice.
ENTER:
Michael L. Pesce
Presiding Justice