| Chauncey Equities, LLC v Thomas Murphy |
| Motion No: 2017-01099 KC |
| Slip Opinion No: 2017 NY Slip Op 84983(U) |
| Decided on August 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
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Chauncey Equities, LLC, Respondent, v Thomas Murphy, Appellant. |
Motions by appellant, returnable June 15, 2017 and June 30, 2017, respectively, 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 May 11, 2017.
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 motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion returnable June 30, 2017 is granted on condition that appellant perfect the appeal by November 3, 2017 and on the further 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 from June 1, 2017 at the rate of $1,070 per month, 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 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 appellant's motion returnable June 15, 2017 is denied as academic.
ENTER:
Paul Kenny
Chief Clerk