Alwall Constr. Corp. v Raul Clavijo
Motion No: 2016-02201 QC
Slip Opinion No: 2016 NY Slip Op 94603(U)
Decided on December 5, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

DAVID ELLIOT, J.P.

MICHAEL L. PESCE

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2016-2201 Q C
Alwall Construction Corp., Respondent, v Raul Clavijo, Appellant, et al., Undertenants.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, dated August 19, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted on condition that the appeal be perfected on or before February 3, 2016. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate of $1,310.06 per month 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.

ENTER:

Paul Kenny

Chief Clerk