Omega Ginobli Partners, LLC v Anthony Obie
Motion No: 2014-01682 KC
Slip Opinion No: 2014 NY Slip Op 92404(U)
Decided on December 3, 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.


Appellate Term of the Supreme Court

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

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2014-1682 K C
Omega Ginobli Partners, LLC, Respondent, v
Anthony Obie, Appellant, et al., Undertenants.

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, entered August 1, 2014.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the 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 from August 1, 2014 at the rate previously payable as rent less the sum of $1,000 already deposited, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal be perfected by March 6, 2015. Appellant shall file with this court proof of the deposit 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