Appellate Division: Second Judicial Department

M156478

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2013-04688 Waterfalls Italian Cuisine, Inc., et al., appellants, v Robert P. Tamarin, et al., respondents. (Index No. 103199/12)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the respondents from terminating the appellants' tenancy for the subject premises and from evicting them from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated March 22, 2013.

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

ORDERED that the motion is granted, and the respondents are stayed from terminating the appellants' tenancy for the premises located at 2014 Victory Boulevard, Staten Island, and from evicting them from the subject premises pending hearing and determination of the appeal on the condition that the appellants pay a weekly sum of $1,200 plus a monthly charge of $400 to respondents the Venetian Circle LLC for the use and occupancy of the subject premises and on condition that the appeal is perfected on or before June 17, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 17, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court