Faith in Action Deliverance v 3231 Associates LLC .

Motion No: M-4304

Slip Opinion No: 2018 NYSlipOp 83906(U)

Decided on September 20, 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.

September 20, 2018

Faith in Action Deliverance

Ministries,

Plaintiff-Appellant,

v

3231 Associates LLC,

Defendant-Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about May 3, 2018, And an interim stay having been entered by this Court on May 14, 2018, on condition that plaintiff make payment in the amount of $20,000, due in December 2017, pursuant to the Housing Court stipulation, and continue to pay use and occupancy of $15,000 going forward, subject to that order,And an order of this Court having been entered on June 26, 2018 (M-2398), inter alia, granting a preliminary appellate injunction and a stay of enforcement of the order on condition plaintiff perfect the appeal for the October 2018 Term, and continues compliance with the stipulation referenced in the interim stay entered on May 14, 2018, which granted the stay on condition plaintiff makes payment in the amount of $20,000 per month, on the first day of each month, beginning on July 21, 2018, as use and occupancy, and continues to pay such use and occupancy,And plaintiff having moved for an enlargement of time to perfect the appeal, to modify the prior order of this Court so that plaintiff pay use and occupancy in the amount of $15,000 in accordance with this Court's initial interim stay, to continue the preliminary appellate injunction/stay by restraining defendant from taking any action to commence a summary proceeding

to terminate the month-to-month tenancy, or to convey or otherwise encumber, the premises pending determination of plaintiff's claims for a declaratory judgment, specific performance and breach of contract, and for a stay pending determination of the appeal of Supreme Court's order entered on or about May 3, 2018, 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 to the extent of continuing the relief provided in the order of this Court entered June 26, 2018 (M-2398), modifying that order to reduce monthly use and occupancy to $15,000, conditioned on plaintiff remaining current with use and occupancy, and upon further condition the appeal be perfected for the January 2019 Term. The motion is otherwise denied. ENTERED: September 20, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing,Justices

M-4304

Index No. 21066/18E