| 701 Empire Blvd Assoc LLC v Sara Sweet |
| Motion No: 2005-01756 kc |
| Slip Opinion No: 2006 NYSlipOp 63517(U) |
| Decided on February 17, 2006 |
| 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 : 2nd and 11th JUDICIAL DISTRICTS
| 701 EMPIRE BLVD ASSOC LLC, Respondent, -against- SARA SWEET, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is granted on condition that within 10 days from the date of the order hereon tenant deposit with the court below the total amount of $10,148.60 representing rent owed through September 2005, and any and all arrears in rent and/or use and occupancy thereafter at the rate of $675.66, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by May 5, 2006; upon failure to comply with any condition, the stay is vacated without further order of this court. Tenant shall file with this court proof of deposit of the designated amount and any and all arrears in rent and/or use and occupancy within one business day after such deposit.