| 92 Fhb, LLC v Barry Bank |
| Motion No: 2015-00699 NC |
| Slip Opinion No: 2015 NY Slip Op 79224(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 9th & 10th judicial Districts
BRUCE E. TOLBERT, J.P.
ANTHONY MARANO
FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
| 92 FHB, LLC, Respondent, v Barry Bank, Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered April 17, 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 the appeal be perfected on or before October 2, 2015. Appellant is directed to pay to respondent $12,000 within 30 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy at the rate previously payable as rent 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.
ENTER:
Paul Kenny
Chief Clerk