| 1646 Union, LLC v Cheryl Hyndman |
| Motion No: 2015-02102 KC |
| Slip Opinion No: 2016 NY Slip Op 64736(U) |
| Decided on February 10, 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
MICHELLE WESTON, J.P.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 1646 Union, LLC, Respondent, v Cheryl Hyndman, Appellant, et al., Undertenants. |
Motion by respondent to vacate the stay on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, to vacate a stay granted by decision and order on motion of this court dated November 12, 2015.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion is denied on condition that appellant pay 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 continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,
ORDERED, on the court's own motion, that the stay pending the determination of the appeal, granted by decision and order on motion of this court dated November 12, 2015, is continued on condition that the appeal be perfected on or before April 1, 2016; and it is further,
ORDERED that in the event that in the event 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