Mohan M. Ramchandani & Reshma M. Ramchandani v Piran Fashions, Inc.
Motion No: 2012-01688 qc
Slip Opinion No: 2012 NY Slip Op 88845(U)
Decided on October 22, 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

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2012-1688 Q C
Mohan M. Ramchandani and Reshma M. Ramchandani, Respondents, v Piran Fashions, Inc., Appellant, et al., Undertenants.

Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered June 6, 2012. Cross motion by respondents to dismiss the appeal for failure to prosecute.

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

ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before January 4, 2013. Appellant is directed to pay to respondents any and all arrears in rent and/or use and occupancy from July 1, 2012 at the rate of $7,210 per month within 10 days from the date of this decision and order, and to continue to pay respondents 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 respondents may move to vacate the stay on three days' notice; and it is further,

ORDERED that respondents' cross motion is denied.

ENTER:

Paul Kenny

Chief Clerk