| Gweneth Johnson v Asia Smith Etc. |
| Motion No: 2011-00405 KC |
| Slip Opinion No: 2014 NY Slip Op 80616(U) |
| Decided on July 30, 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
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Gweneth Johnson, Respondent, v Asia Smith etc., Appellant. |
Motion by respondent to dismiss an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered December 8, 2010, and to vacate a stay granted by decision and order on motion of this court dated June 1, 2011 and continued by decisions and orders on motions of this court dated February 28, 2012 and August 2, 2012, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion seeking to vacate the stay is denied on condition that within 10 days from the date of this decision and order on motion appellant pay respondent any and all arrears in rent and/or use and occupancy at the rate previously payable in rent 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.
ENTER:
Paul Kenny
Chief Clerk