Gamma Bedford, LLC v Berthony Cineas Et Al.
Motion No: 2018-01455 KC
Slip Opinion No: 2018 NY Slip Op 81826(U)
Decided on August 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.


Appellate Term of the Supreme Court

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

2018-1455 K C
Gamma Bedford, LLC, Respondent, v Berthony Cineas et al., Appellants, et al., Occupants.

Motion by appellants for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 30, 2018, and for leave to prosecute the appeal as poor persons.

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 a stay pending the determination of the appeal is granted on condition that the appeal be perfected by November 2, 2018. Appellants are directed to pay to respondent $8,000 toward the arrears in rent and/or use and occupancy within 10 days from the date of this decision and order on motion and continue to pay respondent use and occupancy at the rate of $667.38 per month 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, or respondent may move to vacate the stay, on three days' notice; and it is further,

ORDERED that the remainder of the motion is denied.

ENTER:

Paul Kenny

Chief Clerk