| All Boro Mgt., LLC v Melvin Fogle |
| Motion No: 2014-01380 KC |
| Slip Opinion No: 2014 NY Slip Op 94341(U) |
| Decided on December 19, 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
| All Boro Management, LLC, Respondent, v Melvin Fogle, Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 27, 2014, for the release of funds on deposit. Separate motion by appellant to modify the terms of a stay granted by decision and order on motion of this court dated August 11, 2014 to provide that ongoing rent may be paid by the 14th of the month. Separate motion by appellant to continue the stay granted by decision and order on motion of this court dated August 11, 2014.
Upon the papers filed in support of appellant's motions and the papers filed in opposition to appellant's motion to modify the terms of the stay, it is
ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion for the release of funds on deposit is denied; and it is further,
ORDERED that appellant's motion to continue the stay granted by decision and order on motion of this court dated August 11, 2014 is granted on condition that appellant perfect the appeal by March 6, 2015 and on the further condition that appellant pay to respondent, within 10 days of the date of this decision and order on motion, any and all arrears in rent and/or use and occupancy less the funds on deposit, and continue to pay respondent use and occupancy 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,
Page 1 ORDERED that appellant's motion to modify the terms of the stay to provide that ongoing rent may be paid by the 14th of the month is denied as unnecessary, as rent is payable on the 15th of the month.
ENTER:
Paul Kenny
Chief Clerk
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