Appellate Division: Second Judicial Department

M245324

E/afa

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2017-06698 Leon Abehsera, appellant, v Joseph Saldin, respondent. (Index No. 4296/16)

DECISION & ORDER ON MOTION

2018-00154

Leon Abehsera, appellant,

v Joseph Saldin, respondent.

(Index No. 4296/16)

Motion by the appellant to stay certain landlord tenant proceedings, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, dated April 26, 2017, and December 11, 2017, respectively.

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 the landlord tenant proceeding entitled Saldin v Abehsera, pending in the District Court of the County of Nassau, First District, under Index No. L & T 3349/16, is stayed pending hearing and determination of the appeals on condition that the appellant perfect the appeals on or before March 5, 2018, and pay use and occupancy to the respondent in the sum of $1,800 per month, with the February 2018 payment due on or before February 13, 2018, and the remaining payments due on or before the first 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.

DILLON, J.P., AUSTIN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court