| 126 Franklin Ave., LLC v George Desilva, Tenant, Et Al., Undertenants; Lisa Viola |
| Motion No: 2018-00599 WC |
| Slip Opinion No: 2018 NY Slip Op 73425(U) |
| Decided on May 17, 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
JAMES V. BRANDS, J.P.
ANTHONY MARANO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| 126 Franklin Avenue, LLC, Respondent, v George DeSilva, Tenant, et al., Undertenants; Lisa Viola, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the City Court of New Rochelle, Westchester County, dated March 27, 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 August 3, 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