Appellate Division: Second Judicial Department

M262999

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2019-04234 Seth Korman, et al., appellants, v Roberta D. Corbett, etc., respondent. (Index No. 523834/18)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of stated portions of an order of the Supreme Court, Kings County, dated March 22, 2019, and to stay all proceedings in a matter entitled Korman v Corbett, pending in the Civil Court of the City of New York, Kings County, Holdover Part, under Index No. L & T 96094/18, pending hearing and determination of an appeal from the order dated March 22, 2019.

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 enforcement of so much of the order as granted those branches of the respondent's motion which were to dismiss the first, fourth, and fifth causes of action, and directed the County Clerk to cancel the lis pendens for the subject premises, located at 16 Sterling Place, Apartment 2, Brooklyn, New York, and all proceedings in the matter entitled Korman v Corbett, pending in the Civil Court of the City of New York, Kings County, Holdover Part, under Index No. L & T 96094/18, are stayed pending hearing and determination of the appeal on condition that the appellants shall continue to pay use and occupancy in a sum equal to the amount of the rent set forth in the appellants' lease extension dated July 15, 2017, and perfect the appeal on or before August 11, 2019; and it is further,

ORDERED that in the event the appellants fail to comply with the foregoing conditions, 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.

CHAMBERS, J.P., ROMAN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court