Appellate Division: Second Judicial Department

M184669

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2014-10750 Jennifer Vargas, etc., appellant, v David Wolfe, etc., et al., defendants, Vincent J. Lanuto, Jr., respondent. (Index No. 23301/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of possession in a matter entitled Lanuto v Vargas, pending in the Civil Court of the City of New York, Queens County, under Index No. 78621/11, as well as a warrant of eviction of the same court dated August 13, 2014, concerning premises located at 111-36 117th Street, Ozone Park, New York, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 29, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and enforcement of the judgment of possession in the matter entitled Lanuto v Vargas, pending in the Civil Court of the City of New York, Queens County, under Index No. 78621/11, as well as the warrant of eviction of the same court dated August 13, 2014, concerning premises located at 111-36 117th Street, Ozone Park, New York, is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before January 20, 2015, and (2) the appellant pay monthly use and occupancy for the subject premises to the respondent in the sum of $900 on or before December 26, 2014, and on or before the 15th of each month thereafter; and it is further,

ORDERED that in the event the appellant does not comply with the above conditions, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

SKELOS, J.P., DILLON, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court