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 for a stay pending the determination of appeals from an order and a final judgment of the Civil Court of the City of New York, Kings County, both entered July 17, 2019.

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

ORDERED, on the court's own motion, that the appeal from the order entered July 17, 2019 is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of the final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal from the order may be brought up for review and considered on the appeal from the final judgment (see CPLR 5501 [a] [1]); and it is further,

ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before January 3, 2020. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to 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.

ENTER:

Paul Kenny

Chief Clerk