Atlantic Equity Holdings, LLC v John Doe, Jane Doe & Xyz Corp.
Motion No: 2015-01905 KC
Slip Opinion No: 2015 NY Slip Op 89477(U)
Decided on October 29, 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.


Appellate Term of the Supreme Court

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

2015-1905 K C
Atlantic Equity Holdings, LLC, Respondent, v John Doe, Jane Doe and XYZ Corporation, Appellants.

Motion by appellants for a stay pending the determination of appeals from orders of the Civil Court of the City of New York, Kings County, entered May 28, 2015 and August 4, 2015, respectively.

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 January 8, 2016. Appellants are directed to deposit with the Civil Court any and all arrears in rent and/or use and occupancy from September 1, 2015 at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to continue to deposit 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.

ENTER:

Paul Kenny

Chief Clerk