99 Randall Ave. Owners Corp. v Emanuel Strong
Motion No: 2023-00047 NC
Slip Opinion No: 2023 NY Slip Op 66466(U)
Decided on May 1, 2023
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 9th & 10th Judicial Districts

JERRY GARGUILO, P.J.

JAMES P. McCORMACK

GRETCHEN WALSH, JJ.

DECISION & ORDER ON MOTION

2023-47 N C
99 Randall Avenue Owners Corp., Petitioner-Respondent, v Emanuel Strong, Appellant, Deidre Strong, Respondent and "John Doe" and "Jane Doe", Undertenants.

Motion by appellant for a stay of eviction pending determination of an appeal from an order of the District Court of Nassau County, First District, dated December 22, 2022.

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

ORDERED that the motion is granted on condition that the appeal be perfected on or before July 13, 2023, and upon the further conditions that within 10 days from the date of this decision and order, appellant pay petitioner-respondent use and occupancy at the rate of $1,231.86 per month for the months of January 2023 through May 2023, if not previously paid, and that appellant continue to pay petitioner-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 petitioner-respondent may move to vacate the stay, on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk