| 140 E. Second Owners Corp. v Marie Pierre As Adm'r of Estate of Robert Lewis Finkel |
| Motion No: 2012-02156 kc |
| Slip Opinion No: 2013 NY Slip Op 63516(U) |
| Decided on January 28, 2013 |
| 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
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| 140 East Second Owners Corp., Respondent, v Marie Pierre as Administrator of the Estate of Robert Lewis Finkel, Appellant, and Keith O. Moses et al., Undertenants . |
Motion by appellant to stay the reletting of the subject apartment and the sale of the cooperative shares allocated to the apartment pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 7, 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 on condition that the appeal be perfected on or before April 5, 2013. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent less the amount deposited 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