| 189 Saratoga Realty Partners, LLC v Dabe Jones |
| Motion No: 2018-00445 WC |
| Slip Opinion No: 2018 NY Slip Op 69191(U) |
| Decided on March 30, 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
| 189 Saratoga Realty Partners, LLC, Respondent, v Dabe Jones, Appellant. |
Motion by appellant to be restored to possession of the subject premises pending the determination of an appeal from an order of the City Court of Yonkers, Westchester County, entered March 6, 2018, and, in effect, for a stay of enforcement of a final judgment of that court, entered January 17, 2018, pending the determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and respondent is directed to restore appellant to possession pending determination of the appeal; and it is further,
ORDERED that enforcement of the final judgment is stayed pending the determination of the appeal on condition that appellant pay respondent use and occupancy at the rate previously payable as his share of the rent from the date appellant is restored to possession of the premises 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 July 6, 2018; and it is further,
ORDERED that in the event that any of the above conditions for remaining in the premises following restoration 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