| Downstate At Lich Holding Co., Inc. v Atlantic Hgts. Specialty Script Corp. |
| Motion No: 2015-01423 KC |
| Slip Opinion No: 2015 NY Slip Op 83587(U) |
| Decided on August 18, 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.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Downstate at LICH Holding Company, Inc., Respondent, v Atlantic Heights Specialty Script Corp., Appellant, et al., Undertenant. |
Motion by appellant for a stay pending the determination of appeals from orders of the Civil Court of the City of New York, Kings County, entered April 7, 2015 and May 15, 2015, respectively, for a restraining order, and to toll a certain direction contained in the Civil Court order dated May 15, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a stay pending the determination of the appeals is granted on condition that the appeals be perfected on or before October 2, 2015. Appellant is directed to pay to respondent 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 respondent 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 respondent may move to vacate the stay on three days' notice; and it is further,
ORDERED that the branch of the motion seeking a restraining order is denied; and it is further,
ORDERED that the branch of the motion seeking to toll a certain direction contained in the Civil Court order dated May 15, 2015 is denied as academic, as the direction was a condition of a stay that expired on August 15, 2015.
ENTER:
Paul Kenny
Chief Clerk