Levi Kushnir v Robin B. Hartman & Michael Hartman
Motion No: 2017-00693 NC
Slip Opinion No: 2017 NY Slip Op 76858(U)
Decided on June 7, 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 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2017-693 N C
Levi Kushnir, Respondent, v Robin B. Hartman and Michael Hartman, Appellants, et al., Occupants.

Motion by appellants for a stay pending the determination of an appeal from a decision of the District Court of Nassau First District, dated March 31, 2017.

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 September 1, 2017, and upon the further condition that within 10 days from the date of this decision and order on motion appellants deposit with the court below use and occupancy at the rate of $3,500 per month for each month beginning with the month of November 2016, to the present, if not previously paid to respondent, with proof of this deposit to be filed with this court within one business day after the making of the deposit, and continue to deposit use and occupancy at a like rate on the first business date of each month; 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