| K.T.N. Holding, LLC v Marina Teplitskaya |
| Motion No: 2012-02388 kc |
| Slip Opinion No: 2012 NY Slip Op 95015(U) |
| Decided on December 21, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| K.T.N. Holding, LLC, Respondent, v Marina Teplitskaya, Appellant. |
Motion by appellant for a stay pending the determination of appeals from an order of the Civil Court of the City of New York, Kings County, dated October 1, 2012, and a final judgment of the same court entered October 25, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the appeals are consolidated for the purposes of disposition of this motion; and it is further,
ORDERED, on the court's own motion, that the appeal from the order dated October 1, 2012 is dismissed on the ground that the right of direct appeal from the order terminated with the entry of a final judgment in the proceeding (see Matter of Aho, 39 NY2d 241, 248 [1976]), and the issues that might have been brought up for review on the appeal from the order may be brought up for review on the appeal from the final judgment; and it is further,
ORDERED that appellant's motion is granted to the extent that enforcement of the final judgment is stayed pending the determination of the appeal on condition that the appeal be perfected on or before March 1, 2013. 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 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,
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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
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