Appellate Division: Second Judicial Department

M123447

E/mv

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2011-06214 In the Matter of 175 Eastern Parkway Associates, petitioner-respondent, v Jean Paul Baptiste, also known as Constant Jean Baptiste, Jr., appellant, et al., respondents. (Index No. 70242/04)

DECISION & ORDER ON MOTION

Motion by Jean Paul Baptiste, also known as Constant Jean Baptiste, Jr., for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated April 29, 2011, which affirmed, insofar as appealed from, an order of the Civil Court, City of New York, Kings County, dated November 18, 2008, and to stay enforcement of a warrant of eviction pending hearing and determination of the appeal on condition that he pay use and occupancy in the sum of $1,051.41 per month.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the warrant of eviction authorizing eviction of the appellant from the premises located at 175 Eastern Parkway, Apartment 6B, Brooklyn, is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before August 29, 2011, (2) the appellant pay the petitioner-respondent use and occupancy in the sum of $1,051.41 per month, on or before August 5, 2011, and payable on or before the fifth day of each month thereafter, and (3) the appellant pay the outstanding arrears in use and occupancy in the sum of $11,565.51 within 30 days of the date of this order; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, the Court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court