| Q & Q Smithtown, LLC v King Cabinets, Inc., Carl Roberts & Michael Schindlar |
| Motion No: 2020-00495 SC |
| Slip Opinion No: 2020 NY Slip Op 71234(U) |
| Decided on September 3, 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. |
of the State of New York for the 9th & 10th Judicial Districts
BRUCE E. TOLBERT, J.P.
THOMAS A. ADAMS
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Q & Q Smithtown, LLC, Respondent, v King Cabinets, Inc., Carl Roberts and Michael Schindlar, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Fourth District, dated March 3, 2020.
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 by November 6, 2020 and upon the further condition that appellants are 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