of the State of New York for the 2nd, 11th & 13th judicial Districts

JAIME A. RIOS, J.P.

MICHAEL L. PESCE

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by respondent on an appeal from a decision of the Civil Court of the City of New York, Queens County, dated June 15, 2011, to vacate a stay granted by decision and order of this court dated September 20, 2011, and for the release of funds on deposit. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion.

Upon the papers filed in support of the motions, it is

ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that the branch of respondent's motion seeking to vacate the stay contained in the decision and order of this court dated September 20, 2011 is denied on condition that within 10 days of the date of this decision and order tenant deposit into court any and all arrears in rent and/or use and occupancy from January 1, 2012 and continue to deposit use and occupancy into court as it becomes due and on the further condition that the appeal be perfected by August 3, 2010. Appellant shall file with this court proof of deposit of the judgment amount 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 the branch of the motion seeking the release of funds on deposit is granted and the New York City Department of Finance is directed to release the sum of $3,914.08 previously deposited in this matter, less any lawful fees, to respondent Valar Realty, LLC.

ENTER:

Paul Kenny

Chief Clerk