| 1673 Nostrand Ave., LLC v Greg Johnson, Tenant, Jane Doe, Occupant, & Carmel Reveil Sued Herein As John Doe |
| Motion No: 2014-02767 KC |
| Slip Opinion No: 2015 NY Slip Op 65211(U) |
| Decided on February 11, 2015 |
| 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
| 1673 Nostrand Avenue, LLC, Respondent, v Greg Johnson, Tenant, Jane Doe, Occupant, and Carmel Reveil Sued Herein as John Doe, Appellant. |
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, dated November 21, 2014. Separate motion by appellant to be restored to possession of the premises pending the determination of the appeal, to punish respondent's principal Elliot Frankel for contempt, and for related relief.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, 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 the branch of appellant's motion seeking to be restored to possession pending the determination of the appeal is granted; and it is further,
ORDERED that appellant's motion for a stay 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 at the rate previously payable as rent from September 1, 2014 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 May 1, 2015. Appellant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy 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; and it is further,
ORDERED that the branches of appellant's motion seeking to punish respondent's principal for contempt and related relief are denied.
ENTER:
Paul Kenny
Chief Clerk