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

MICHELLE WESTON, J.P.

MICHAEL L. PESCE

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

On the court's own motion and pursuant to the terms of a stipulation of partial settlement executed by the parties on June 4, 2012, it is

ORDERED that this court's decision and order on motion dated May 23, 2012 is modified to provide as follows:

Motion by appellant to be restored to possession of the subject apartment pending the determination of an appeal from orders of the Civil Court of the City of New York, Kings County, dated April 3, 2012 and April 20, 2012, and for a stay pending the determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and respondent is directed to restore appellant to possession upon appellant depositing with South Brooklyn Legal Services, within 10 days of the date of this decision and order, the amount of $5,994.55, to be placed in escrow. Appellant shall file with this court proof of deposit of the sum of $5,994.55 with South Brooklyn Legal Services 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 appellant's share of the 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 the further 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