30 Sneden Props., LLC, Etc. v Miao Xian Lin Et Al.
Motion No: 2016-00871 RIC
Slip Opinion No: 2017 NY Slip Op 71722(U)
Decided on April 11, 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.


Appellate Term of the Supreme Court

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

2016-871 RI C
30 Sneden Properties, LLC, etc., Respondent, v Miao Xian Lin et al., Appellants, et al., Tenant, et al., Undertenants.

Motion by respondent on an appeal from a final judgment of the Civil Court of the City of New York, Richmond County, dated April 26, 2016, to vacate a stay granted by decision and order on motion of this court dated May 23, 2016.

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

ORDERED that the motion is denied on condition that appellants 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 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