| Gilbert Louzoun Revocable Living Trust Dated Dec. 10, 2009, Gilbert Louzoun Trustee Et Al. v Hyman Rostoker & Philip Rostoker |
| Motion No: 2015-00369 QC |
| Slip Opinion No: 2015 NY Slip Op 79221(U) |
| Decided on July 13, 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.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Gilbert Louzoun Revocable Living Trust Dated December 10, 2009, Gilbert Louzoun Trustee et al., Respondents, v Hyman Rostoker and Philip Rostoker, Appellants. |
Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Queens County, dated December 12, 2014. Separate motion by respondents for an enlargement of time to serve and file papers in opposition to appellants' motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that appellants' motion and respondents' motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondents' motion is granted and the papers in opposition are deemed timely served and filed; and it is further,
ORDERED that appellants' motion is granted on condition that the appeal be perfected on or before October 2, 2015. Appellants are directed to pay to respondents 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 respondents 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 respondents may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk