The court issues this order in an effort to place the parties in the position
they would have been had a stay been sought prior to execution of the warrant, thereby
enabling Respondent to pursue her right to appeal, and giving Petitioner an opportunity
to seek that any stay be conditioned as appropriate.
In the event Respondent fails to obtain a stay pending appeal on or before
August 31, 2013, the stay on reletting is vacated and Respondent shall have no right to
be restored to possession.
This constitutes the decision and order of this court.
Dated: New York, New
York_________________________________August 6, 2013Hon. Sabrina B. Kraus
J. H. C.
Footnotes
Footnote 1: The trial was done in
Part R. The motion should have been made returnable before the Judge currently sitting
in Part R, but was inadvertently directed by the clerk's office to Part C. At the request of
both parties, the court is determining the motion rather then referring the motion back to
Part R for determination. However, any further applications should be directed to Part R.