| Wira Assoc. v Mitzy Easy |
| Motion No: 2013-02025 kc |
| Slip Opinion No: 2013 NY Slip Op 94399(U) |
| Decided on December 16, 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
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Wira Associates, Respondent, v Mitzy Easy, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, dated September 23, 2013, for the release of funds on deposit. Separate motion by respondent to vacate a stay granted by decision and order of this court dated October 31, 2013.
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 the motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motion to vacate the stay is denied on condition that appellant pay respondent any and all arrears in rent and/or use and occupancy at the rate of $1,219.98 a month less the deposited sum of $4,000 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 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; and it is further,
ORDERED that the motion for the release of funds on deposit is denied.
ENTER:
Paul Kenny
Chief Clerk