| 1233 Realty Assoc., LLC v Victor Coureau |
| Motion No: 2013-00300 kc |
| Slip Opinion No: 2013 NY Slip Op 78727(U) |
| Decided on June 17, 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
| 1233 Realty Associates, LLC, Respondent, v Victor Coureau, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, dated February 15, 2013, to vacate a stay granted by decision and order of this court dated April 15, 2013. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,
ORDERED that respondent's motion is denied on condition that appellant pay respondent any and all arrears in rent and/or use and occupancy, less the deposited sum of $1,075, at the rate previously payable as appellant's share of the rent within 10 days from the date of this decision and order and continue to pay respondent use and occupancy at a like rate as it becomes due and to comply with the other conditions contained in the decision and order of this court dated April 15, 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