of the State of New York for the 2nd, 11th & 13th judicial Districts

MARTIN M. SOLOMON, J.P.

MICHAEL L. PESCE

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by appellant to be restored to possession of the premises pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated June 11, 2013, and for a stay pending the determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and respondent is directed to restore appellant to possession upon appellant depositing with the court below within 10 days of the date of this decision and order the amount of $5,365.50. Appellant shall file with this court proof of deposit of the sum of $5,365.50 within one business day after making such deposit; and it is further,

ORDERED that enforcement of the order is stayed pending the determination of the appeal on condition that appellant pay respondent use and occupancy at the rate previously payable as appellant's share of the rent from the date appellant is restored to possession of the premises and continue to pay respondent use and occupancy at a like rate as it becomes due, and on the further condition that appellant perfect the appeal on or before October 4, 2013; and it is further,

ORDERED that in the event that any of the above conditions for remaining in the premises following restoration 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