Limani Realty, LLC v Zamir Zayfert & John Cassar
Motion No: 2010-01623 qc
Slip Opinion No: 2011 NY Slip Op 69961(U)
Decided on March 30, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-3237 Q C
2010-1623 Q C
Limani Realty, LLC, Respondent, v Zamir Zayfert and John Cassar, Appellants, and John Doe and Jane Doe, Undertenants.

Motion by appellants for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered March 15, 2010.

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 above-listed appeal numbers are consolidated under Appeal No. 2010-3237 Q C; and it is further,

ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before June 3, 2011. Appellants are 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:

Paul Kenny

Chief Clerk