| Midwood Estates v Razi Kalish |
| Motion No: 2013-02157 KC |
| Slip Opinion No: 2015 NY Slip Op 75281(U) |
| Decided on May 20, 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.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Midwood Estates, Respondent, v Razi Kalish, Appellant. |
Motion by appellant, returnable January 16, 2015, on an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered August 26, 2013, to continue a stay granted by decision and order on motion of this court dated December 3, 2013, and extended by decisions and orders on motions of this court dated April 9, 2014 and October 3, 2014. Separate motion by appellant, returnable March 3, 2015, for leave to withdraw the appeal and for an order directing the release of funds on deposit. Separate motion by appellant, returnable April 21, 2015, to withdraw the motion returnable March 3, 2015, "to declare eviction null and void," and for an order directing the release of the funds on deposit to the Human Resources Administration.
Upon the papers filed in support of the motions and the papers filed in opposition to the motion to continue 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 to continue the stay is granted on condition that the appeal be perfected on or before July 10, 2015, and upon the further condition that within 10 days from the date of this decision and order on motion appellant pay respondent the sum of $1,528.44 and any and all arrears in rent and/or use and occupancy at the rate of $219.86 per month from February 1, 2015, and continue to pay use and occupancy to respondent 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 appellant's motion returnable April 21, 2015 seeking to withdraw the motion returnable March 3, 2015 is granted and the motion returnable March 3, 2015 is marked withdrawn; and it is further,
ORDERED that appellant's motion returnable April 21, 2015 is otherwise denied.
ENTER:
Paul Kenny
Chief Clerk