Fortress Pa, LLC v Keesha Wellington
Motion No: 2015-00692 KC
Slip Opinion No: 2015 NY Slip Op 79223(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.


Appellate Term of the Supreme Court

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

2015-692 K C
Fortress PA, LLC, Respondent, v Keesha Wellington, Appellant, and Elijah Zimmerman, Undertenant.

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, entered March 18, 2015.

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

ORDERED that the motion is granted on condition that within 10 days from the date of this decision and order on motion appellant deposit with the court below the sum of $6,000 plus any and all arrears in rent and/or use and occupancy from June 1, 2015 at the rate of $948.05 per month 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 September 4, 2015. Appellant shall file with this court proof of deposit of the initial deposit 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.

ENTER:

Paul Kenny

Chief Clerk