Aguidilla Ltd. v Donnelly & Percell Funeral Homes, Et Al., Occupants. Shamone Brown
Motion No: 2012-01966 kc
Slip Opinion No: 2012 NY Slip Op 89884(U)
Decided on October 31, 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.

MICHELLE WESTON

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2012-1966 K C
Aguidilla Ltd., Respondent, v Donnelly & Percell Funeral Homes, et al., Occupants. Shamone Brown, Appellant.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated August 30, 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 to the extent of staying execution of the warrant with respect to the third-floor apartment only on condition that the appeal be perfected on or before January 4, 2012. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy from October 1, 2012 at the rate of $1,000 per month 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