Walter Florek v Adrian King Etc. Et Al.
Motion No: 2014-02242 QC
Slip Opinion No: 2014 NY Slip Op 93529(U)
Decided on December 10, 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

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2014-2242 Q C
Walter Florek, Respondent, v Adrian King etc. et al., Appellants.

Motion by appellants for a stay pending the determination of appeals from a final judgment of the Civil Court of the City of New York, Queens County, entered August 19, 2014, and from an order of the same court entered September 24, 2014, and to consolidate the two appeals.

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 a stay is granted on condition that the appeals be perfected on or before March 6, 2015. Appellants are 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 to consolidate the two appeals is denied as unnecessary, as the appeals have been consolidated under appeal No. 2014-2242 Q C.

ENTER:

Paul Kenny

Chief Clerk