| 1646 Union, LLC v Walter Simpson |
| Motion No: 2015-02100 KC |
| Slip Opinion No: 2017 NY Slip Op 63522(U) |
| Decided on January 24, 2017 |
| 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
| 1646 Union, LLC, Respondent, v Walter Simpson, Appellant, et al., Undertenants. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, to continue a stay granted by decision and order on motion of this court dated November 12, 2015, and extended by decisions and orders on motion of this court dated February 22, 2016, May 16, 2016 and August 4, 2016, respectively. Separate motion by respondent to vacate the stay.
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 appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is granted on condition that appellant perfect the appeal by March 3, 2017 and pay respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion 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 respondent's motion is denied.
ENTER:
Paul Kenny
Chief Clerk