| Arthur Pozner v Kamal Cheikhaoui |
| Motion No: 2016-00285 KC |
| Slip Opinion No: 2016 NY Slip Op 69871(U) |
| Decided on March 16, 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Arthur Pozner, Respondent, v Kamal Cheikhaoui, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated November 23, 2015, and, in effect, for summary reversal.
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 June 3, 2016, and upon the further condition that within 10 days from the date of this decision and order on motion appellant deposit with the court below the sum of $9,000 and pay to respondent any and all arrears in rent and/or use and occupancy from February 1, 2016 at the rate of $450 per month and continue to pay to 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 branch of the motion seeking summary reversal is denied.
ENTER:
Paul Kenny
Chief Clerk