| House On Macon, LLC v Ali Lamount, Jr. |
| Motion No: 2018-00091 KC |
| Slip Opinion No: 2018 NY Slip Op 62663(U) |
| Decided on January 25, 2018 |
| 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.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| House On Macon, LLC, Respondent, v Ali Lamount, Jr., Appellant. |
Motion by appellant to be restored to possession of the subject apartment pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated December 15, 2017, for a stay pending the determination of the appeal, and for related relief.
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 to be restored to possession of the subject apartment pending the determination of the appeal is granted and respondent is directed to restore appellant to possession forthwith; and it is further,
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition that within 10 days of the date of this decision and order on motion appellant pay respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent and continue to pay respondent use and occupancy at a like rate as it becomes due, and on the further condition that appellant perfect the appeal on or before April 6, 2018; 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