Appellate Division: Second Judicial Department

M241807

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-10260 255 Butler Associates, LLC, respondent, v 255 Butler, LLC, appellant. (Index No. 511560/15)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated September 14, 2017, and direct that the respondent pay use and occupancy in the sum of $111,041.66 per month and additional sums as required by the stipulation dated November 23, 2015, pending hearing and determination of an appeal from order, 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 which is to stay enforcement of the order dated September 14, 2017, and direct that the respondent pay use and occupancy in the sum of $111,041.66 per month is granted, and enforcement of the order is stayed and the respondent is directed to pay use and occupancy in the sum of $111,041.66 per month and additional sums as required by the stipulation dated November 23, 2015, to be deposited into an escrow account held by the appellant's attorney, with the first payment to be made on or before December 11, 2017, and on or before the first day of each month thereafter pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 26, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 26, 2017, 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; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court