| 1539 Park Pl., LLC v Shankia Clarke |
| Motion No: 2019-01493 KC |
| Slip Opinion No: 2019 NY Slip Op 86731(U) |
| Decided on December 13, 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 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 1539 Park Pl., LLC, Respondent, v Shankia Clarke, Appellant, et al., Undertenant. |
Separate motions by appellant, by orders to show cause returnable October 10, 2019 and October 25, 2019, respectively, for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 3, 2019.
Upon the papers filed in support of the motions and no papers having been 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 the motion returnable October 25, 2019 is granted on condition that the appeal be perfected on or before March 6, 2020. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate of $1,875 per month 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, without further notice, 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 the motion returnable October 10, 2019 is denied as academic.
ENTER:
Paul Kenny
Chief Clerk