Spring Cr. Assoc. v Don Hardy
Motion No: 2006-00141 kc
Slip Opinion No: 2006 NYSlipOp 66033(U)
Decided on March 28, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.

NO. 2006-141 K C
SPRING CREEK ASSOC.,

Respondent,

-against-


DON HARDY,

Appellant.

DECISION

Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by June 2, 2006; otherwise stay vacated. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy from February 1, 2006, at the rate previously payable as rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due. Upon failure of tenant to make a required payment, landlord may move upon 3 days' notice to vacate the stay.