| Vlissengen Props., LLC v Expo Home Ctr. Usa, Inc. |
| Motion No: 2012-00732 qc |
| Slip Opinion No: 2012 NY Slip Op 72742(U) |
| Decided on May 1, 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
| Vlissengen Properties, LLC, Respondent, v Expo Home Center USA, Inc., Appellant, and Yue Po Metals, Inc., Tenant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, dated February 2, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted on condition that the appeal be perfected on or before July 6, 2012. Appellant is directed to deposit with the court below the sum of $17,240.62 within 10 days from the date of this decision and order and to continue to pay use and occupancy at the rate of $23,332.63 per month to respondent from May 1, 2012 as it becomes due, and shall file with this court proof of deposit 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.
ENTER:
Paul Kenny
Chief Clerk