| Keystone Towers LLC v Ernest Bastien |
| Motion No: 2005-01071 kc 03-20-2006 |
| Slip Opinion No: 2006 NYSlipOp 67775(U) |
| Decided on April 26, 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
| KEYSTONE TOWERS LLC, Respondent, -against- ERNEST BASTIEN, Appellant. |
DECISION
On the court's own motion, the order dismissing appeal is vacated on condition appeal is perfected by July 7, 2006.
Motion by tenant-appellant to reinstate and continue the stay contained in the order of August 22, 2005, and subsequently extended by an order dated December 21, 2005, is granted on condition that within 10 days from the date of the order hereon tenant deposit in the court below any and all arrears in rent and/or use and occupancy, from August 1, 2005 at the rate of $167 per month and on condition that tenant perfect the appeal by July 7, 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 any and all arrears in rent and/or use and occupancy within one business day after such deposit.
No further applications for an extension of time to perfect the appeal will be entertained by this court.