| 175 E. 52nd St., LLC v Layne Lamothe |
| Motion No: 2016-01436 KC |
| Slip Opinion No: 2019 NY Slip Op 69099(U) |
| Decided on April 17, 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
| 175 East 52nd Street, LLC, Respondent, v Layne Lamothe, Appellant. |
Motion by respondent on an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered April 14, 2016, to modify a provision of a stay granted by decision and order on motion of this court dated November 9, 2016, requiring appellant to deposit use and occupancy into court as it becomes due, to instead direct appellant to pay use and occupancy directly to respondent, and for the release of the funds that have been deposited.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to modify the stay is granted to the extent of directing appellant to pay respondent use and occupancy as it becomes due; and it is further,
ORDERED that the branch of the motion seeking the release of funds on deposit is granted and the New York City Department of Finance is directed to release the funds on deposit in this matter to respondent 175 East 52nd Street, LLC, less any lawful fees.
ENTER:
Paul Kenny
Chief Clerk