| 1701 Albemarle Realty Corp. v Gwen Johnson & Alfred Svitzer |
| Motion No: 2013-00075 kc |
| Slip Opinion No: 2013 NY Slip Op 66162(U) |
| Decided on February 25, 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
| 1701 Albemarle Realty Corp., Respondent, v Gwen Johnson and Alfred Svitzer, Appellants, et al., Occupant. . |
Motion by appellants for, among other things, a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated December 14, 2012, and, in effect, summary reversal. Cross motion by respondent for, among other things, an order directing appellant, as a condition of a stay, to deposit the judgment amount and to pay landlord use and occupancy.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that so much of the appeal as was taken by appellant Gwen Johnson is dismissed on the ground that she is not aggrieved by the order appealed from, as the petition was previously withdrawn insofar as asserted against her (see CPLR 5511); and it is further,
ORDERED that so much of the motion as was made by appellant Gwen Johnson is denied as academic; and it is further,
ORDERED that the branch of the motion by appellant Alfred Svitzer seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before May 3, 2013. Appellant Alfred Svitzer is directed to deposit with the court below the judgment amount of $13,321 together with any and all arrears from December 1, 2012 in rent and/or use and occupancy at the rate of $701.11 per month within 10 days from the date of this decision and order and to continue to pay use and occupancy to respondent at the same rate as it becomes due and shall file with this court proof of deposit of the judgment amount and 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; and it is further,
ORDERED that the remainder of the motion is denied; and it is further,
ORDERED that the cross motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk