Goldenbergv.Ayala

Appellate Term of the Supreme Court of the State of New York for the 9th & 10th Judicial DistrictsMar 6, 2019
2019 N.Y. Slip Op. 65174 (N.Y. App. Div. 2019)

Motion No: 2019-00094 SC

03-06-2019

Sherie Goldenberg, Respondent, v. Alysia Ayala and Terrell Adams-Devonish, Appellants.


JERRY GARGUILO

TERRY JANE RUDERMAN, JJ.

DECISION & ORDER ON MOTION

(Original Decision & Order on Motion dated February 27, 2019)

Motion by appellant Alysia Ayala for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Sixth District, entered December 14, 2018.

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 May 3, 2019, and upon the further condition that within 10 days from the date of this decision and order on motion appellant deposit with the court below the sum of $4,000 and pay respondent use and occupancy from March 1, 2019, at the rate previously payable as rent, 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