| Cag Enter., Inc. v Deanne France |
| Motion No: 2014-00366 KC |
| Slip Opinion No: 2014 NY Slip Op 70096(U) |
| Decided on April 9, 2014 |
| 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
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| CAG Enterprise, Inc., Respondent, v Deanne France, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated February 21, 2014. Cross motion by respondent to deny appellant's motion and vacate all stays, or for alternative relief.
Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition thereto, it is
ORDERED that appellant's motion is granted on condition that within 10 days from the date of this decision and order on motion appellant deposit with the court below any and all arrears in rent and/or use and occupancy at the rate of $947 a month and continue to deposit into court use and occupancy as the same becomes due and upon the further condition that the appeal be perfected by July 11, 2014. 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; and it is further,
ORDERED that respondent's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk