| Westchester Plaza Holdings, LLC v Keith Watson, Tenant, & Juanita Dunlap |
| Motion No: 2019-00550 WC |
| Slip Opinion No: 2019 NY Slip Op 75954(U) |
| Decided on July 12, 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 9th & 10th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Westchester Plaza Holdings, LLC, Respondent, v Keith Watson, Tenant, and Juanita Dunlap, Appellant, et al., Undertenants. |
Motion by respondent on an appeal from a decision of the City Court of Mount Vernon, Westchester County, dated March 26, 2019, to vacate a stay granted by decision and order on motion of this court dated April 18, 2019.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that appellant deposit into the City Court any and all arrears in rent and/or use and occupancy from March 1, 2019 at the rate previously payable as rent within 15 days from the date of this decision and order on motion and continue to deposit into court use and occupancy at a like rate as it becomes due and to comply with the other condition of this court's decision and order on motion dated April 18, 2019; and it is further,
ORDERED that in the event that any of the above conditions is 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