| Good Realty, LLC v Yecheskel Weingarten |
| Motion No: 2010-02207 kc |
| Slip Opinion No: 2011 NY Slip Op 74978(U) |
| Decided on June 1, 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
MICHELLE WESTON, J.P.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Good Realty, LLC, Respondent, v Yecheskel Weingarten, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 24, 2010, to vacate a stay granted by decision and order of this court dated October 27, 2010, and for the release of funds on deposit. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that the motions are consolidated for the purpose of disposition; and it is further,
ORDERED that the motion by appellant is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that the motion by respondent 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 September 1, 2010 at the rate previously payable as rent and continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,
ORDERED that in the event the above conditions are not met, the court, on its motion, may vacate the stay or respondent may move to vacate the stay on three days' notice.
ENTER:
Michelle Weston
Justice Presiding