| Luna Park Hous. Corp. v Michael Palladino |
| Motion No: 2005-02002 kc |
| Slip Opinion No: 2006 NYSlipOp 65961(U) |
| Decided on March 3, 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
| LUNA PARK HOUSING CORPORATION, Respondent, -against- MICHAEL PALLADINO, Appellant. |
DECISION
Motion by tenant-appellant for a stay is granted on condition that within 10 days from the date of the order hereon tenant deposit in the court below the amount of $6,060 together with any and all arrears in rent and/or use and occupancy from February 1, 2006 and thereafter, at the rate previously payable as rent, and upon the further condition that tenant perfect the appeal by May 5, 2006; upon failure to comply with either condition, the stay is vacated without further order of this court. Tenant shall continue to pay use and occupancy to landlord as it becomes due. Upon failure of tenant to make a required payment for use and occupancy landlord may move upon 3 days' notice to vacate the stay. Tenant shall file with this court proof of deposit of the $6,060 and any and all arrears in rent and/or use and occupancy within one business day after such deposit.