Chaim Halberstam & Roiza Halberstam v Judy Kramer
Motion No: 2010-01457 kc
Slip Opinion No: 2011 NY Slip Op 69976(U)
Decided on April 5, 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.

MICHELLE WESTON

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-1457 K C
Chaim Halberstam and Roiza Halberstam, Respondents, v Judy Kramer, Appellant.

Motion by appellant for an enlargement of time to perfect appeals from a final judgment of the Civil Court of the City of New York, Kings County, entered April 7, 2010, and from an order of the same court entered August 11, 2011; to continue a stay granted by decision and order of this court dated December 2, 2010; and to clarify this court's December 2, 2010 decision and order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by June 3, 2011; and it is further,

ORDERED that the branch of the motion seeking to continue the stay granted by decision and order of this court dated December 2, 2010 is granted on condition that appellant perfect the appeal by June 3, 2011 and continue to comply with the other conditions contained in the decision and order of this court dated December 2, 2010; and it is further,

ORDERED that the branch of the motion seeking clarification of the decision and order of this court dated December 2, 2010 is granted and appellant is directed to pay to respondents any and all arrears in rent and/or use and occupancy at the rate of $1,800 per month from May 1, 2010 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 the above conditions are not met, the court, on its own motion, may vacate the stay, or respondents may move to vacate the stay on three days' notice; and it is further,

ORDERED that the cross motion by respondents to vacate the stay is denied.

ENTER:

Michael L. Pesce

Presiding Justice