Appellate Division: Second Judicial Department

M262376

E/afa

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2018-09597 Simon Barkagan, etc., appellant, v S & L Star Realty, LLC, respondent. (Index No. 519737/17)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay all proceedings in a matter entitled S & L Star Realty, LLC v Barkagan, pending in the Civil Court of the City of New York, Kings County, under L & T Index No. 68613/17, and to stay enforcement of an order of the Supreme Court, Kings County, dated June 25, 2018, pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is granted, and all proceedings in the matter entitled S & L Star Realty, LLC v Barkagan, pending in the Civil Court of the City of New York, Kings County, under L & T Index No. 68613/17, and enforcement of the order are stayed pending hearing and determination of the appeal on condition that the appellant continue to pay rent in accordance with the terms of the lease between the parties dated January 1, 2015; and it is further,

ORDERED that in the event the appellant fails to comply with the foregoing, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

MASTRO, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court