of the State of New York for the 9th & 10th judicial Districts

MELVYN TANENBAUM, J.P.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from an order of the City Court of Yonkers, Westchester County, entered January 6, 2011. 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 by appellant and respondent are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motion is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before June 3, 2011. Appellant is directed to deposit with the court below the amount of $47,058.69 and to pay use to landlord any and all arrears in rent and/or use and occupancy from February 1, 2011 pursuant to the stipulation and to continue to pay use and occupancy at a like rate as it becomes due. Appellant shall file with this court proof of deposit of the sum deposited within one business day after such deposit; 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:

Angela G. Iannacci

Associate Justice