Faith in Action Deliverance v 3231 Associates LLC

Motion No: M-2398

Slip Opinion No: 2018 NYSlipOp 75947(U)

Decided on June 26, 2018

Appellate Division, First 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.

June 26, 2018

Faith in Action Deliverance

Ministries,

Plaintiff-Appellant,

v

3231 Associates LLC,

Defendant-Respondent.

Plaintiff having moved for a preliminary appellate injunction restraining defendant from taking any action to commence a summary eviction proceeding to terminate plaintiff's month to month tenancy or to encumber the premises pending the determination of plaintiff's appeal. Plaintiff also moves to stay, pending determination of the appeal, enforcement of

the order of the Supreme Court, Bronx County, entered on or about May 3, 2018,and to stay the vacatur of the Temporary Restraining Order in Supreme Court, And an interim stay was entered by this Court on May 14, 2018, on condition that plaintiff makes payment in the amount of $20,000, due in December 2017, pursuant to the Housing Court stipulation, and continue to pay use and occupancy going forward, subject to the within order, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted on condition plaintiff perfects its appeal for the October 2018 Term of this Court, and continues compliance with the stipulation referenced

in the interim order, i.e., payment of $20,000 per month, on the first day of each month, as use and occupancy, beginning on July 21, 2018. ENTERED: June 26, 2018

_____________________ CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern, Justices

M-2398

Index No. 21066/18E