Lincoln Dobbs Ferry, LLC v Scott Edelstein
Motion No: 2018-00413 WC
Slip Opinion No: 2018 NY Slip Op 69349(U)
Decided on April 5, 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.


Appellate Term of the Supreme Court

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

2018-413 W C
Lincoln Dobbs Ferry, LLC, Respondent, v Scott Edelstein, Appellant.

Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Dobbs Ferry, Westchester County, entered January 18, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted on condition that the appeal be perfected on or before July 6, 2018. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy at a like rate as it becomes due; 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