| Stepping Stones Assoc., L.P. v Sohee Park & Sang Hwan Park |
| Motion No: 2015-01637 WC |
| Slip Opinion No: 2015 NY Slip Op 85034(U) |
| Decided on September 9, 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
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| Stepping Stones Associates, L.P., Respondent, v Sohee Park and Sang Hwan Park, Appellants, et al., Undertenants. |
Motion by appellants for a stay pending the determination of an appeal from a final judgment of the City Court of White Plains, Westchester County, entered July 1, 2015, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a stay is granted on condition that the appeal be perfected on or before December 4, 2015. Appellants are 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 leave to prosecute the appeal as a poor person is denied without prejudice to renewal upon proper notice.
Appellants have failed to submit an affidavit showing service of the motion papers on the County Attorney as mandated by CPLR 1101 (c).
ENTER:
Paul Kenny
Chief Clerk