Westchester Plaza Holdings, LLC v Keith Watson, Tenant, & Juanita Dunlap
Motion No: 2019-00550 WC
Slip Opinion No: 2019 NY Slip Op 79467(U)
Decided on September 4, 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.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2019-550 W C
Westchester Plaza Holdings, LLC, Respondent, v Keith Watson, Tenant, and Juanita Dunlap, Appellant, et al., Undertenants.

Motion by appellant to enlarge the time to perfect an appeal from a decision of the City Court of Mount Vernon, Westchester County, dated March 26, 2019, and to continue a stay granted by decision and order on motion of this court dated April 19, 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 on condition on that appellant perfect the appeal on or before October 4, 2019 and on the further condition that appellant pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, less any funds deposited into court, within 10 days from the date of this decision and order on motion and 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, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk