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

Motion by appellant, by order to show cause returnable July 31, 2017, for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Queens County, dated May 22, 2017. Separate motion by appellant, by order to show cause returnable August 11, 2017, for the same relief, and to modify the terms of the previous order to show cause.

Upon the papers filed in support of the motions and no papers having been 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 July 31, 2017 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 any and all arrears in rent and/or use and occupancy at the rate previously payable as rent and continue to pay 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 appellant's motion returnable August 11, 2017 is denied as academic.

ENTER:

Paul Kenny

Chief Clerk