Radar 215 Suydam, LLC v Wagner Alvarez, Et AL.,UNDERTENANTS, & Alba Portero, Sued Herein As "jane Doe"
Motion No: 2018-01696 KC
Slip Opinion No: 2019 NY Slip Op 67685(U)
Decided on April 1, 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.


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

2018-1696 K C
Radar 215 Suydam, LLC, Respondent, v Wagner Alvarez, et al.,Undertenants, and Alba Portero, Sued Herein as "Jane Doe", Appellant.

Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 25, 2018, to continue a stay granted by decision and order on motion of this court dated November 20, 2018. Cross motion by respondent for an order directing appellant to pay the use and occupancy due through June 2018 in the sum of $5,340.

Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is

ORDERED that appellant's motion is granted and the stay granted by decision and order on motion of this court dated November 20, 2018 is continued on condition that appellant perfect the appeal by June 7, 2019 and continue to comply with the other conditions contained in the decision and order on motion of this court dated November 20, 2018; 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 cross motion is denied.

ENTER:

Paul Kenny

Chief Clerk