| 30 Sneden Props., LLC, Etc. v Miao Xian Lin Et Al. |
| Motion No: 2016-00871 RIC |
| Slip Opinion No: 2016 NY Slip Op 89928(U) |
| Decided on October 17, 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
| 30 Sneden Properties, LLC, etc., Respondent, v Miao Xian Lin et al., Appellants, et al., Tenant, et al., Undertenants. |
Separate motions by respondent on an appeal from a decision of the Civil Court of the City of New York, Richmond County, dated April 7, 2016, to vacate a stay granted by decision and order on motion of this court dated May 23, 2016. Separate motions by appellants, in effect, to continue the stay. Separate motion by appellants for sanctions and attorney's fees.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motions and appellants' motions are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motions are denied; and it is further,
ORDERED that appellants' motions, in effect, to continue the stay are granted to the extent of continuing the stay on condition that appellants perfect the appeal by December 2, 2016 and upon the further condition that within 10 days from the date of this decision and order on motion appellants pay respondent the sum of $5,113.02 and any and all arrears in rent and/or use and occupancy from September 1, 2016 at the rate of $3,914.57 per month and 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 for sanctions and attorney's fees is denied.
ENTER:
Paul Kenny
Chief Clerk