1539 Park Pl., LLC v Andrew Clarke, Tenant, & Shanika Clarke, Sued Herein As Shankia Clarke
Motion No: 2019-01493 KC
Slip Opinion No: 2020 NY Slip Op 64334(U)
Decided on February 25, 2020
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 2nd, 11th & 13th Judicial Districts

THOMAS P. ALIOTTA, P.J.

DAVID ELLIOT

WAVNY TOUSSAINT, JJ.

DECISION & ORDER ON MOTION

2019-1493 K C
1539 Park Pl., LLC, Respondent, v Andrew Clarke, Tenant, and Shanika Clarke, Sued Herein as Shankia Clarke, Appellant.

Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 3, 2019, to continue a stay granted by decision and order on motion of this court dated December 13, 2019 pending the determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion 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 15 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.

ENTER:

Paul Kenny

Chief Clerk