Anderson Webster v Veronica Carrera
Motion No: 2012-01684 kc
Slip Opinion No: 2012 NY Slip Op 89891(U)
Decided on November 2, 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

2012-1684 K C
Anderson Webster, Respondent, v
Veronica Carrera, Appellant.

Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated July 26, 2012. Separate motion by appellant for an enlargement of time to serve and file a reply to respondent's papers in opposition.

Upon the papers filed in support of the motions and the papers filed in opposition to appellant's motion for a stay, it is

ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion for an enlargement of time to serve and file a reply is granted and the reply is deemed timely served and filed; and it is further,

ORDERED that appellant's motion for a stay is granted on condition that the appeal be perfected on or before January 4, 2013. Appellant is directed to pay to respondent the judgment amount and any and all arrears in rent and/or use and occupancy from August 1, 2012 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