| E & S Realty of Rockland, Inc. v S & S Bros., Inc. |
| Motion No: 2012-01543 roc |
| Slip Opinion No: 2012 NY Slip Op 80945(U) |
| Decided on August 6, 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 9th & 10th judicial Districts
JOHN R. LaCAVA, J.P.
FRANCIS A. NICOLAI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| E & S Realty of Rockland, Inc., Respondent, v S & S Brothers, Inc., Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Clarkstown, Rockland County, entered June 11, 2012.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted on condition that the appeal be perfected on or before November 2, 2012. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order and to continue to pay respondent use and occupancy at a like rate as it becomes due; 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