| Plaza Residences, L.P. v Latrice Prince |
| Motion No: 2017-00148 KC |
| Slip Opinion No: 2017 NY Slip Op 68367(U) |
| Decided on March 16, 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
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Plaza Residences, L.P., Respondent, v Latrice Prince, Appellant, et al., Undertenant. |
Motion by appellant pro se for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated November 25, 2016, deemed from a final judgment of the same court entered November 25, 2016 (see CPLR 5512 [a]).
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 June 2, 2017. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as appellant's share of the 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.
It is noted that the appeal from the final judgment does not bring up for review a postjudgment order dated January 3, 2017. Appellant's remedy, if she be so advised, is to take an appeal from the order dated January 3, 2017, if her time to appeal therefrom has not expired.
ENTER:
Paul Kenny
Chief Clerk