834 Pacific Street Owner, LLC v St. Joseph's Roman Catholic
Motion No: 2017-08976
Slip Opinion No: 2017 NY Slip Op 87027(U)
Decided on September 26, 2017
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M238274

E/sl

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2017-08976

834 Pacific Street Owner, LLC, appellant,

v St. Joseph's Roman Catholic Church

of Brooklyn, respondent.

(Index No. 510123/17)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Kings County, dated June 1, 2017, as conditioned the granting of a Yellowstone injunction upon the provision of a $10 million letter of credit, and to stay all proceedings in a matter entitled St. Joseph's Roman Catholic Church of Brooklyn v 834 Pacific Street Owner, LLC, pending in the Civil Court of the City of New York, Kings County, under L & T Index No. 76782/17, pending hearing and determination of an appeal from the order dated June 1, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and enforcement of so much of the order dated June 1, 2017, as conditioned the granting of a Yellowstone injunction upon the provision of a $10 million letter of credit, and all proceedings in the matter entitled St. Joseph's Roman Catholic Church of Brooklyn v 834 Pacific Street Owner, LLC, pending in the Civil Court of the City of New York, Kings County, under L & T Index No. 76782/17, are stayed pending hearing and determination of the appeal on condition that the appellant (1) perfects the appeal on or before October 26, 2017, and (2) pays use and occupancy to the respondent in the sum of $83,333.33 per month, commencing on or before October 10, 2017, and on or before the first day of each month thereafter; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court