| Seacove 1, LLC v Dmitry Vaizburd |
| Motion No: 2014-02079 KC |
| Slip Opinion No: 2014 NY Slip Op 92483(U) |
| Decided on December 5, 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
| Seacove 1, LLC, Respondent, v Dmitry Vaizburd, Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated June 23, 2014, and for leave to renew and reargue appellant's opposition to the motion giving rise to the order appealed from.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a stay is granted on condition that the appeal be perfected on or before March 6, 2015. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to 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; and it is further,
ORDERED that the branch of the motion seeking leave to renew and reargue appellant's opposition to the motion giving rise to the order appealed from is denied, as that relief must be sought in the Civil Court.
ENTER:
Paul Kenny
Chief Clerk