Appellate Division: Second Judicial Department

M266159

E/mb

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-03429 Ilan Tavor, appellant, v Lane Towers Owners, Inc., et al., respondents. (Index No. 700253/17)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Queens County, dated February 6, 2019, as directed the payment of use and occupancy and use and occupancy arrears for the subject apartments, and to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from the order, and to extend the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for a stay is granted to the extent that enforcement of so much of the order dated February 6, 2019, as directed the payment of use and occupancy and use and occupancy arrears for the subject apartments, Apartment 18A and Apartment 19A, is stayed pending hearing and determination of the appeal from that order on condition that the appeal is perfected on or before October 21, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 21, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is denied as unnecessary in light of the order on application of this Court dated August 2, 2019; and it is further,

ORDERED that the motion is otherwise denied.

AUSTIN, J.P., ROMAN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court