| Dubor Assoc. v Andrea Richburg |
| Motion No: 2012-02059 kc |
| Slip Opinion No: 2013 NY Slip Op 64307(U) |
| Decided on January 30, 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.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Dubor Associates, Respondent, v Andrea Richburg, Appellant, et al., Undertenants. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 21, 2012, to vacate a stay granted by decision and order of this court dated November 13, 2012. Separate motion by appellant to continue said stay, and for an enlargement of time to deposit any and all arrears in rent and/or use and occupancy.
Upon the papers filed in support of respondent's and appellant's motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's and appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion to vacate a stay granted by the decision and order of this court dated November 13, 2012 is denied; and it is further,
ORDERED that appellant's motion to continue said stay and for an enlargement of time to deposit any and all arrears in rent and use and occupancy is granted and the stay is continued on condition that within 10 days from the date of this decision and order appellant pay to respondent her share of the arrears in rent and continue to pay respondent use and occupancy at the rate of appellant's share of the rent per month as it becomes due and perfect the appeal by March 1, 2013; 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