| Carlos Delgado v Avery Mckie & Jean Baptiste |
| Motion No: 2017-01203 KC |
| Slip Opinion No: 2017 NY Slip Op 84986(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
| Carlos Delgado, Respondent, v Avery McKie and Jean Baptiste, Appellants, et al., Undertenants. |
Motion by appellants 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 June 5, 2017, for summary reversal, and for leave to prosecute the appeal as poor persons.
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 the appeal be perfected on or before November 3, 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 six months' use and occupancy at the rate previously payable as rent 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; and it is further,
ORDERED that the remainder of the motion is denied.
ENTER:
Paul Kenny
Chief Clerk