| Elena Artykova v Marina Avramenko |
| Motion No: 2011-01655 kc |
| Slip Opinion No: 2011 NY Slip Op 83361(U) |
| Decided on September 9, 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
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Elena Artykova, Respondent, v Marina Avramenko, Appellant, et al., Undertenants. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 19, 2011, to vacate a stay granted by decision and order of this court dated July 7, 2011. 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 and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions by respondent and appellant are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that respondent's motion is denied on condition that appellant continue to pay respondent use and occupancy as it becomes due; and it is further,
ORDERED that in the event that the above condition is 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