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

Motion by appellant, by order to show cause dated June 21, 2019, for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered June 5, 2019. Separate motion by appellant, by order to show cause dated July 10, 2019, for the same relief.

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

ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion dated July 10, 2019 is granted on condition that the appeal be perfected on or before December 6, 2019, and upon the further condition that within 10 days from the date of this decision and order on motion appellant pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent and continue to pay 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; and it is further,

ORDERED that appellant's motion dated June 21, 2019, is denied as academic.

It is noted that if, as appellant alleges in support of her motion, she executed and returned a renewal lease to respondent on July 14, 2019, her right to possession is now predicated on the renewal lease and she can no longer be evicted pursuant to the final judgment entered June 5, 2019 (see Stepping Stones Assoc. v Seymour, 48 AD3d 581 [2008]).

ENTER:

Paul Kenny

Chief Clerk