| 11 Stagg, LLC v Eleanna Cadalso |
| Motion No: 2017-00813 KC |
| Slip Opinion No: 2017 NY Slip Op 79616(U) |
| Decided on July 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. |
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
| 11 Stagg, LLC, Respondent, v Eleanna Cadalso, 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, Kings County, entered February 9, 2017, for summary reversal, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition that within 10 days of the date of this decision and order on motion appellant pay respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent and continue to pay respondent use and occupancy at a like rate as it becomes due, and on the further condition that appellant perfect the appeal on or before September 1, 2017; 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 the branches of the motion seeking summary reversal and leave to prosecute the appeal as a poor person are denied.
ENTER:
Paul Kenny
Chief Clerk