| Highview At Huntington Owners Corp. v Marina C. John-lewis |
| Motion No: 2017-01779 SC |
| Slip Opinion No: 2018 NY Slip Op 65666(U) |
| Decided on February 20, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Highview at Huntington Owners Corp., Respondent, v Marina C. John-Lewis, Appellant, et al., Undertenants. |
Motion by respondent on an appeal from a final judgment of the District Court of Suffolk County, Third District, entered September 13, 2017, to vacate a stay granted by decision and order on motion of this court dated October 27, 2017. Cross motion by appellant to continue the stay.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is denied; and it is further,
ORDERED that appellant's cross motion is granted on condition that within 10 days from the date of this decision and order on motion, appellant deposit with the court below the sum of $5,518.84 and continue to pay respondent any and all arrears in rent and/or use and occupancy from February 1, 2018 at the rate previously payable as rent and upon the further condition that appellant perfect the appeal by 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, without further notice, or respondent may move to vacate the stay, on three days' notice.
ENTER:
Paul Kenny
Chief Clerk