| St. Marks Hamilton v Melvin Martin |
| Motion No: 2019-00190 RIC |
| Slip Opinion No: 2019 NY Slip Op 65176(U) |
| Decided on March 6, 2019 |
| 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
| St. Marks Hamilton, Respondent, v Melvin Martin, Appellant. |
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, Richmond County, dated December 21, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted on condition that within 15 days from the date of this decision and order on motion, appellant deposit with the court below the sum of $23,640 and any and all arrears in rent and/or use and occupancy from the date of the final judgment at the rate previously payable as rent, and continue to deposit use and occupancy at a like rate as it becomes due, and on the further condition that the appeal be perfected by June 7, 2019; 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, and may serve such motion in person.
ENTER:
Paul Kenny
Chief Clerk