Kitty Holding Corp. v Brian Corriette, Etc.
Motion No: 2019-00590 NC
Slip Opinion No: 2019 NY Slip Op 69310(U)
Decided on April 25, 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 9th & 10th Judicial Districts

THOMAS A. ADAMS, P.J.

JERRY GARGUILO

TERRY JANE RUDERMAN, JJ.

DECISION & ORDER ON MOTION

2019-590 N C
Kitty Holding Corp., Respondent, v Brian Corriette, etc., Appellant.

Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Nassau County, First District, entered March 7, 2019, and an order of that court entered March 25, 2019.

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

ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before July 5, 2019, and upon the further condition that within 15 days from the date of this decision and order on motion appellant pay respondent the $32,500 that was due under the parties' stipulation and any and all arrears in rent and/or use and occupancy from March 7, 2019 at the rate previously payable as rent, and continue to pay 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