of the State of New York for the 9th & 10th judicial Districts

JOHN R. LaCAVA, J.P.

FRANCIS A. NICOLAI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

Motion by respondent on an appeal from an order of the City Court of White Plains, Westchester County, entered September 28, 2011, to vacate a stay granted by decision and order of this court dated November 28, 2011. Separate motion by appellants for an enlargement of time to serve and file papers in opposition to respondent's motion.

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

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

ORDERED that appellants' motion is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that respondent's motion is denied on condition that within 10 days from the date of this decision and order appellants deposit with the court below any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due. Appellants shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after making such deposit; 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