of the State of New York for the 2nd, 11th & 13th judicial Districts

DAVID ELLIOT, J.P.

MICHAEL L. PESCE

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 24, 2014, to modify the payment terms of a decision and order on motion of this court dated March 5, 2015. Separate motion by appellant to vacate an order of this court dated April 20, 2015, which dismissed the appeal for failure to timely perfect, and to reinstate and continue the stay granted by decision and order on motion of this court dated January 15, 2015.

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

ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motion is denied; and it is further,

ORDERED that the branch of appellant's motion seeking to vacate the order of this court dated April 20, 2015 is granted, the order dated April 20, 2015 is vacated, and the appeal shall be perfected by August 7, 2015; and it is further,

ORDERED that the branch of appellant's motion seeking to reinstate and continue the stay is granted on condition that within 10 days of the date of this decision and order appellant pay respondent any and all arrears in rent and/or use and occupancy from March 1, 2015 and that appellant perfect the appeal by August 7, 2015 and comply with the other conditions contained in the decision and order on motion of this court dated January 15, 2015; 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 dismiss the appeal and/or vacate the stay, or respondent may move to dismiss the appeal and/or vacate the stay on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk