Appellate Division: Second Judicial Department

M204935

E/sl

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2015-03375 Mervelyn Craig White, et al., appellants, v Theophilus Craig, et al., respondents. (Index No. 12449/14)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of (1) an order of the Supreme Court, Kings County, dated February 17, 2015, (2) an order of the Civil Court of the City of New York, dated October 22, 2015, and (3) a warrant of eviction of the Civil Court of the City of New York, dated December 1, 2015, pending hearing and determination of an appeal from the order dated February 17, 2015.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that enforcement of so much the order dated February 17, 2015, as directed the appellant to pay use and occupancy in the sum of $1,700 is stayed pending hearing and determination of the appeal on condition that the appellant place in escrow the sum of $1,700 per month with her attorney, to be held pending hearing and determination of the appeal, and the motion is otherwise denied; and it is further,

ORDERED that the January escrow payment shall be made on or before January 25, 2016, if the appellant has not paid use and occupancy for January, and, thereafter, the appellant shall place the sum of $1,700 in escrow on or before the 15th of each month; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

DICKERSON, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court