| Fillmore Gardens Coop., Inc. v Donna Bradley |
| Motion No: 2019-00476 KC |
| Slip Opinion No: 2019 NY Slip Op 69527(U) |
| Decided on April 23, 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
| Fillmore Gardens Cooperative, Inc., Respondent, v Donna Bradley, Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of appeals from a decision of the Civil Court of the City of New York, Kings County, dated February 5, 2019, and a final judgment of that court entered February 6, 2019.
Upon the papers filed in support of the motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the decision is dismissed, as no appeal lies therefrom (see CCA 1702); and it is further,
ORDERED that the motion is granted on condition that the appeal from the final judgment be perfected on or before August 2, 2019. Appellant is directed to pay to respondent 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 within 10 days from the date of this decision and order on motion and to continue to pay respondent 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, without further notice, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk