St. Catherine of Sienna R.C. Church At St. Albans Queens County v 118 Convent Assoc., LLC & Quick Start Day Care Ctr., Inc.
Motion No: 2012-01663 qc
Slip Opinion No: 2012 NY Slip Op 85366(U)
Decided on September 24, 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.


Appellate Term of the Supreme Court

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

MICHAEL L. PESCE, P.J.

JAIME A. RIOS

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2012-1663 Q C
St. Catherine of Sienna Roman Catholic Church at St. Albans Queens County, Respondent, v 118 Convent Associates, LLC and Quick Start Day Care Center, Inc., Appellants.

Motion by appellants for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 29, 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 December 7, 2012. Appellants are 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