K C. BARMAT REALTY CO., LLC v. QUOW
2012-121 K C. BARMAT REALTY CO., LLC v. QUOW — Motion by appellant, in effect, for an enlargement of time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 5, 2012, and to reinstate and continue a stay granted by decision and order of this court dated February 28, 2012, which stay was vacated by decision and order of this court dated August 6, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking, in effect, an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by December 7, 2012; and it is further,
ORDERED that the branch of appellant's motion seeking to reinstate and continue the stay granted by decision and order of this court dated February 28, 2012 is granted on condition that appellant perfect the appeal by December 7, 2012. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy through September 2012, at the rate previously payable as rent, within 10 days from the date of this decision and order and to continue to pay respondent use and occupancy at a like rate as it becomes due, and comply with the other conditions contained in the decision and order of this court dated February 28, 2012; 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.