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

THOMAS P. ALIOTTA, J.P.

MICHAEL L. PESCE

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant-respondent on an appeal and cross appeal from a decision of the Civil Court of the City of New York, Kings County, dated August 26, 2015, and a final judgment of the same court entered August 28, 2015, for, in effect, summary reversal, or, in the alternative, a stay pending the determination of the appeal.

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

ORDERED, on the court's own motion, that so much of the appeal and cross appeal as are from the decision dated August 26, 2015 are dismissed, as no appeal lies from a decision (CCA 1702; see Farag v Farag, 4 AD3d 502 [2004]); and it is further,

ORDERED that appellant-respondent's motion is granted to the extent of staying enforcement of the final judgment on condition that within 10 days from the date of this decision and order on motion appellant-respondent pay respondent-appellant any and all arrears in rent and/or use and occupancy from the date of the final judgment at the rate of $3,700 per month and continue to pay use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal be perfected by April 1, 2016; 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-appellant may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk