| Lauren Pepin v Stephen Dibrienza, Esq. |
| Motion No: 2014-02239 KC |
| Slip Opinion No: 2016 NY Slip Op 61339(U) |
| Decided on January 7, 2016 |
| 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.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Lauren Pepin, Respondent, v Stephen DiBrienza, Esq., Appellant, et al., Occupants. |
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, Kings County, dated July 16, 2014, to place the matter on the general calendar and the appeals calendar, and for related relief.
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 appeal is granted on condition that the appeal be perfected on or before January 21, 2016. 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 remainder of the motion is granted to the extent of directing that appellant's brief shall be served and filed on or before January 21, 2016, that respondent shall have 14 days from the service of the appellant's brief in which to serve and file a respondent's brief, and that appellant, if so advised, may serve and file a reply brief within seven days after service of the respondent's brief.
The appeal will be calendared expeditiously.
ENTER:
Paul Kenny
Chief Clerk