of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

HECTOR D. LaSALLE

BRUCE E. TOLBERT, JJ.

DECISION & ORDER ON MOTION

STP Associates, LLC, Respondent, v Marcy Rappaport

et al., Appellants.

Appellate Term Docket No.

2013-1299 N C

Lower Court # L & T 2152-11

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Motion by appellants in the above-entitled appeals from final judgments of the District Court of Nassau County, First District, entered January 31, 2013, for stays pending the determination of the respective appeals. Separate motion by appellants to have this court reject respondent's papers in opposition to appellants' motion for stays or, in the alternative, for an enlargement of time to file a reply to respondent's opposition. Separate motion by appellants to consolidate the appeals or, in the alternative, for leave to perfect the appeals under a single brief bearing both appeal numbers and directing that there shall be oral argument on both appeals at the same time.

Upon the papers filed in support of the motions, the papers filed in opposition to appellants' motion for stays, and papers filed in response to appellants' motion to consolidate, it is

ORDERED, on the court's own motion, that the above-entitled appeals are consolidated for the purpose of disposition of appellants' motions; and it is further,

ORDERED, on the court's own motion, that appellants' motions are consolidated for purposes of disposition; and it is further,

ORDERED that the branch of appellants' motion seeking to have this court reject respondent's papers in opposition to appellants' motion for stays is denied; and it is further,

ORDERED that the branch of appellants' motion seeking an enlargement of time to file a reply to respondent's opposition is granted and the reply papers are deemed timely served and filed; and it is further,

ORDERED that appellants' motion to consolidate the appeals is granted only to the extent that the appeals may be perfected with a single brief bearing both appeal numbers, that the appellant's brief and the respondent's brief served and filed in Appeal No. 2013-1298 N C shall be deemed served and filed in Appeal No. 2013-1299 N C as well, and that there shall be oral argument on both appeals at the same time (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] § 731.5 [b] [2]); and it is further,

ORDERED that appellants' motion for stays pending the determination of the appeal is granted and appellants are directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order and to continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,

ORDERED that in the event that the above condition is 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