| 104 Realty, LLC v Olajide Johnson |
| Motion No: 2011-01349 kc |
| Slip Opinion No: 2011 NY Slip Op 89295(U) |
| Decided on October 31, 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.
MICHELLE WESTON
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| 104 Realty, LLC, Respondent, v Olajide Johnson, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 2, 2011, to vacate a stay granted by decision and order of this court dated July 5, 2011, and to release the funds on deposit.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the stay is denied on condition that within 10 days from the date of this decision and order appellant pay landlord any and all arrears in rent and or use and occupancy and continue to comply with the other conditions contained in the decision and order of this court dated July 5, 2011; 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; and it is further,
ORDERED that the branch of the motion seeking to release the funds on deposit is granted and said funds are directed to be released to 104 Realty, LLC, less any lawful fees.
ENTER:
Paul Kenny
Chief Clerk