of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay, pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered May 30, 2018, of the enforcement of so much of the order as directed appellant to make ongoing payments of use and occupancy at the rate of $40,000 per month during the pendency of the proceeding, and for a stay of all proceedings, including trial, pending the determination of the appeal.

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

ORDERED that the branch of the motion seeking to stay the enforcement of so much of the order as directed appellant to make ongoing payments of use and occupancy at the rate of $40,000 per month during the pendency of the proceeding is granted on condition that the appeal be perfected on or before November 5, 2018. Appellant is directed to pay respondent any and all arrears in rent and/or use and occupancy at the rate of $3,390.47 within 10 days from the date of this decision and order on motion and to continue to pay use and occupancy at a like rate as it becomes due; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 5, 2018, the court, on its own motion, may vacate the stay or respondent may move, on three days' notice, to vacate the stay, and may serve such motion in person; and it is further,

ORDERED that the remainder of the motion is denied.

ENTER:

Paul Kenny

Chief Clerk