| Windswept Holding Corp. v Larkin Sandurs, Inc., Etc. |
| Motion No: 2016-01061 SC |
| Slip Opinion No: 2016 NY Slip Op 77593(U) |
| Decided on June 15, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
| Windswept Holding Corp., Respondent, v Larkin Sandurs, Inc., etc., Appellant, et al., Undertenants. |
Motion by appellant, by order to show cause, for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Sixth District, entered April 21, 2016. Cross motion by respondent to vacate or modify the stay contained in the order to show cause and to require appellant to post an undertaking.
Upon the papers filed in support of the motion and cross motion, it is
ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before September 2, 2016. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, not including attorney's fees, within 10 days from the date of this decision and order on motion and to continue to pay 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 respondent's cross motion is granted only to the extent of vacating the stay contained in the order to show cause.
ENTER:
Paul Kenny
Chief Clerk