| 15 New St. Group, LLC, Landlord, & Huntington New St., LLC Etc. v Gsmj Rest. Corp. |
| Motion No: 2013-01602 sc |
| Slip Opinion No: 2013 NY Slip Op 86838(U) |
| Decided on September 19, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
HECTOR D. LaSALLE
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| 15 New Street Group, LLC, Landlord, and Huntington New Street, LLC etc., Respondent, v GSMJ Restaurant Corp., Appellant, et al., Tenant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Third District, dated July 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 on condition that within 10 days from the date of this decision and order appellant deposit with the court below any and all arrears in rent and/or use and occupancy, including additional rent, at the rate previously payable as rent, less the sum already deposited, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal be perfected by October 31, 2013. Appellant shall file with this court proof of deposit of 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.
ENTER:
Paul Kenny
Chief Clerk