Appellate Division: Second Judicial Department

M207059

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2016-01258 Waterfalls Italian Cuisine, Inc., et al., appellants, v Robert P. Tamarin, et al., defendants, Venetian Circle, LLC, respondent (and a third-party action). (Index No. 103199/12)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the respondent from taking any action to terminate their tenancy in the subject premises or from evicting them from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated January 5, 2016.

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

ORDERED that the motion is granted, and the respondent is stayed from taking any action to terminate the appellants' tenancy in the subject premises, located at 2014 Victory Boulevard, Staten Island, or from evicting them from the subject premises pending hearing and determination of the appeal on condition that on the condition that the appellants (1) continue to pay rent in the monthly sum of $5,200, (2) pay any arrears in rent in accordance with the order of the Supreme Court, Richmond County, dated November 20, 2015, unless the arrears have already been paid, and (3) perfect the appeal on or before March 29, 2016; and it is further,

ORDERED that in the event the appellants do not comply with the conditions set forth in the prior paragraph, 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.

BALKIN, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court