Appellate Division: Second Judicial Department

M145605

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2012-08436 Martin Chaim Kurlandski, etc., appellant, v Jae K. Kim, etc., respondent. (Index No. 13308/12)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated September 5, 2012, to clarify a decision and order on motion of this Court dated September 20, 2012, which, inter alia, enjoined the respondent from evicting the appellant from the subject premises, by adding a condition that the appellant pay use and occupancy as well as arrears for use and occupancy pending hearing and determination of the appeal. Application by the appellant, in effect, to amend so much of the decision and order on motion of this Court dated September 20, 2012, as conditioned the injunction upon the perfection of the appeal on or before October 22, 2012.

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

ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated September 20, 2012, is amended by adding, following the words "loss due to the stay," the following provision thereto "and upon the further condition that the appellant continue to pay use and occupancy in accordance with the order of the Supreme Court, Kings County, dated July 25, 2012," and the motion is otherwise denied; and it is further,

ORDERED that the application is denied as academic as the appeal was perfected on October 19, 2012.

RIVERA, J.P., FLORIO, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court