| 175 E. 52nd St., LLC v Lamothe Layne |
| Motion No: 2016-01436 KC |
| Slip Opinion No: 2016 NY Slip Op 91595(U) |
| Decided on November 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| 175 East 52nd Street, LLC, Respondent, v Lamothe Layne, Appellant. |
Motion by appellant to stay the enforcement of a final judgment of the Civil Court of the City of New York, Kings County, entered April 14, 2016, pending the determination of an appeal from an order of the same court entered June 14, 2016, and for leave to deposit rent arrears into court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of the final judgment is stayed pending the determination of the appeal on condition that the appeal be perfected on or before February 3, 2017, 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 judgment amount of $6,633.57 and any and all arrears in rent and/or use and occupancy from May 1, 2016 at the rate previously payable as rent, and continue to deposit 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.
ENTER:
Paul Kenny
Chief Clerk