| William Hetzler v Msk Rest. Corp. Doing Bus. As Agnanti Rest. |
| Motion No: 2011-02905 kc |
| Slip Opinion No: 2012 NY Slip Op 66716(U) |
| Decided on February 28, 2012 |
| 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
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| William Hetzler, Respondent, v MSK Restaurant Corp. Doing Business as Agnanti Restaurant, Appellant, and Bay Ridge Bakery II, Tenant. |
William Hetzler, Respondent, v MSK Restaurant Corp. Appellate Term Docket No.
Doing Business as Agnanti Restaurant, Appellant, and 2012-251 K C
Bay Ridge Bakery II, Tenant.
Lower Court # 106424/2010
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Motion by appellant for a stay pending the determination of appeals from final judgments of the Civil Court of the City of New York, Kings County, dated September 30, 2011. Cross motion by respondent for an order directing appellant to restore gas and hot water to the residential tenants. Separate motion by respondent to vacate the temporary stay or, in the alternative, to direct appellant to deposit the judgment amount of $33,991.54 and pay use and occupancy from October 2011 as it becomes due.
Upon the papers filed in support of the motions and cross motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeals are consolidated for the purpose of disposition of appellant's motion and respondent's cross motion and separate motion; and it is further,
ORDERED, on the court's own motion, that appellant's motion and respondent's cross motion and separate motion are consolidated for purposes of disposition; and it is further,
ORDERED that the appellant's motion is granted on condition that the appeals be perfected on or before May 4, 2012, on the further condition that appellant deposit with the court below the amount of the judgment together with any and all arrears from October 1, 2011 in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order and continue to pay use and occupancy to respondent as it becomes due, and file with this court proof of deposit of the judgment amount and any and all arrears in rent and/or use and occupancy within one business day after making such deposit; and on the further condition that appellant restore gas and hot water, if it has not already done so, to the residential tenants; 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 respondent's cross motion and separate motion are denied as academic.
ENTER:
Paul Kenny
Chief Clerk