of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered October 9, 2014, to continue a stay granted by decision and order on motion of this court dated February 19, 2015, and extended by decision and order on motion of this court dated May 5, 2015. Separate motion by respondent to vacate the stay.

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

ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's 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 any and all arrears in rent and/or use and occupancy from April 1, 2014 at the rate previously payable as rent 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 October 2, 2015. Appellant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy 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; and it is further,

ORDERED that respondent's motion is denied.

ENTER:

Paul Kenny

Chief Clerk