| 3613 Realty, LLC v Diane Henry |
| Motion No: 2012-00707 kc |
| Slip Opinion No: 2012 NY Slip Op 71291(U) |
| Decided on April 20, 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.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| 3613 Realty, LLC, Respondent, v Diane Henry, Appellant. |
Motion by appellant to be restored to possession of the subject apartment pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated March 22, 2012, and for a stay pending the determination of the appeal. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant'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 appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that appellant's motion is granted and respondent is directed to restore appellant to possession upon appellant depositing with the court below within 10 days of the date of this order the amount of $4,743.42, representing legal and marshal's fees as well as arrears through February 2012, March 2012 rent already having been deposited. Appellant shall file with this court proof of deposit of the sum of $4,743.42 within one business day after making such deposit; and it is further,
ORDERED that enforcement of the judgment is stayed pending the determination of the appeal on condition that appellant pay respondent use and occupancy at the rate previously payable as rent from the date appellant is restored to possession of the premises and continue to pay respondent use and occupancy at a like rate as it becomes due, and on condition that appellant perfect the appeal on or before July 6, 2012; and it is further,
ORDERED that in the event that any of the above conditions for remaining in the premises following restoration 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.
ENTER:
Paul Kenny
Chief Clerk