| 24-25 27th St., LLC v Syed A. Zaman |
| Motion No: 2018-01477 QC |
| Slip Opinion No: 2018 NY Slip Op 87513(U) |
| Decided on October 18, 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 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 24-25 27th Street, LLC, Respondent, v Syed A. Zaman, Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Queens County, dated March 15, 2018, and a final judgment of that court entered March 20, 2018, and for other relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that so much of the appeal as is from the decision dated March 15, 2018 is dismissed, as no appeal lies from a decision (see CCA 1702); and it is further,
ORDERED that appellant's motion is granted to the extent of staying all proceedings pending the determination of the appeal on condition that the appeal be perfected on or before February 4, 2019. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy from March 1, 2018 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