of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MARTIN M. SOLOMON

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

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 August 27, 2014. Separate motion by appellant to be restored to possession of the premises. Separate motion by appellant to punish respondents for contempt for violating a temporary stay contained in an order to show cause of a Justice of this court dated August 29, 2014. Separate motion by respondents for an enlargement of time to serve and file papers in opposition to appellant's motion for a stay pending determination of the appeal.

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 motions and respondents' motion are consolidated for purposes of disposition; and it is further,

ORDERED that respondents' motion is granted and the papers in opposition are deemed timely served and filed; and it is further,

ORDERED that appellant's motion for a stay is denied; and it is further,

ORDERED that appellant's motion to be restored to possession is denied as academic, as appellant has been restored to possession; and it is further,

Page 1 ORDERED that appellant's motion to punish respondents for contempt is set down for a hearing on November 6, 2014 at 12:30 P.M. at 141 Livingston Street, Brooklyn, New York, Room 1504 unless within seven days of the date of this decision and order on motion respondents or their counsel pay appellant the sum of $250 and submit proof of such payment within one day after making the payment.

ENTER:

Paul Kenny

Chief Clerk

Page 2