| Jeff Robert Berman v Hope Derry & Craig L. Derry |
| Motion No: 2006-00555 roc |
| Slip Opinion No: 2006 NYSlipOp 68815(U) |
| Decided on May 16, 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 : 9th and 10th JUDICIAL DISTRICTS
| JEFF ROBERT BERMAN, Respondent, -against- HOPE DERRY and CRAIG L. DERRY, Appellants. |
DECISION
Motion by tenants-appellants for a stay is granted on condition that within 10 days from the date of the order hereon tenants deposit in the court below any and all arrears in rent and/or use and occupancy less the $6,000 already deposited, at the rate previously payable as rent, and upon the further condition that tenants perfect the appeal by August 4, 2006; upon failure to comply with either condition, the stay is vacated without further order of this court. Tenants shall continue to pay use and occupancy to landlord as it becomes due. Upon failure of tenants to make a required payment for use and occupancy landlord may move upon 3 days' notice to vacate the stay. Tenants 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.