| Gus Efaplomatidis v Aires Mexicanos Rest. Corp., Tenant, Jose Santamaria Cortez & Tropicana Corp., Undertenants-appellants, Et Al., Undertenant. |
| Motion No: 2016-01014 QC |
| Slip Opinion No: 2016 NY Slip Op 85511(U) |
| Decided on September 9, 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.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Gus Efaplomatidis, Respondent, v Aires Mexicanos Restaurant Corp., Tenant, Jose Santamaria Cortez and Tropicana Corp., Undertenants-Appellants, et al., Undertenant. |
Motion by appellants for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 15, 2016. Separate motion by appellants to modify the temporary stay contained in the order to show cause dated May 2, 2016.
Upon the papers filed in support of appellants' motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions by appellant are consolidated for purposes of disposition; and it is further,
ORDERED that the motion for a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before December 2, 2016. Appellants are directed to pay to respondent any and all arrears in rent and/or use and occupancy from June 1, 2016 at the rate previously payable as rent 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 appellants' motion to modify the temporary stay contained in the order to show cause dated May 2, 2016 is denied as moot.
ENTER:
Paul Kenny
Chief Clerk