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 for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 26, 2015. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion.

Upon the papers filed in support of the motions, it is

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

ORDERED that respondent's motion is granted and respondent's papers in opposition are deemed timely served and filed; and it is further,

ORDERED that appellant's enlargement motion is granted and appellant's papers in opposition are deemed timely filed; and it is further,

ORDERED that appellant's motion for a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before January 8, 2016, and upon the further condition that within 10 days from the date of this decision and order on motion appellant deposit with the court below the sum of $9,288 and pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent from August 1, 2015, and continue to pay use and occupancy to respondent 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.

ENTER:

Paul Kenny

Chief Clerk