of the State of New York for the 9th & 10th judicial Districts

DENISE F. MOLIA, J.P.

FRANCIS A. NICOLAI

JOHN R. LaCAVA, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Sixth District, entered January 18, 2012. Separate motion by respondent to vacate the temporary stay or, in the alternative, to dismiss the appeal.

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 appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before June 1, 2012. Appellant is directed to deposit with the court below the amount of the judgment together with any and all arrears from February 1, 2012 in rent and/or use and occupancy at the rate of $8,000 a month within 10 days from the date of this decision and order and to continue to pay use and occupancy to respondent at the same rate as it becomes due and shall 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 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 motion is denied.

ENTER:

Paul Kenny

Chief Clerk