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

ANGELA G. IANNACCI, J.P.

ANTHONY MARANO

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Motion by appellants for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Washington, Dutchess County, dated February 24, 2014. Separate motion by respondent to dismiss the appeal as untimely.

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 appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motion is denied; and it is further,

ORDERED that appellants' motion is granted on condition that the appeal be perfected on or before August 1, 2014, and upon the further condition that within 10 days from the date of this decision and order on motion appellants deposit with the court below the judgment amount and pay to respondent any and all arrears in rent and/or use and occupancy at the rate of $6,000 per month from March 1, 2014, and continue to pay use and occupancy to respondent at a like rate as it becomes due. Appellant shall file with this court proof of deposit of the judgment amount 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