| Diten Group v Madgie Robinson |
| Motion No: 2018-00570 QC |
| Slip Opinion No: 2018 NY Slip Op 88178(U) |
| Decided on October 30, 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
| Diten Group, Respondent, v Madgie Robinson, Appellant, et al., Undertenant. |
Motion by respondent to dismiss an appeal from a decision of the Civil Court of the City of New York, Queens County, entered November 24, 2017, and to vacate a stay granted by decision and order on motion of this court dated May 4, 2018.
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 dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion seeking to vacate the stay is denied on condition that the appeal be perfected by January 4, 2019 and on the further condition that appellant pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 30 days from the date of this decision and order on motion and 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, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk