| Ema Realty, LLC v Mary Dorothy Leyva |
| Motion No: 2017-01353 QC |
| Slip Opinion No: 2017 NY Slip Op 85022(U) |
| Decided on August 22, 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
| Ema Realty, LLC, Respondent, v Mary Dorothy Leyva, Appellant. (Original Decision & Order on Motion dated August 17, 2017) |
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, Queens County, entered June 7, 2017, and for a preference in the calendaring of the appeal.
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 appellant pay to respondent use and occupancy for the month of August 2017 at the rate of $1,600 per month and continue to pay to respondent use and occupancy at a like rate as it becomes due; 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 branch of the motion seeking a preference in the calendaring of the appeal is denied.
ENTER:
Paul Kenny
Chief Clerk