| William Salazar & Maria Salazar v Ann Marie Kennedy & Any Subtenants In Possession |
| Motion No: 2006-00542 sc |
| Slip Opinion No: 2006 NYSlipOp 68823(U) |
| Decided on May 10, 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
| WILLIAM SALAZAR and MARIA SALAZAR, Respondents, -against- ANN MARIE KENNEDY and ANY SUBTENANTS IN POSSESSION, Appellant. |
DECISION
That branch of the 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 the judgment together with any and all arrears in rent and/or use and occupancy from March 1, 2006, at the rate previously payable as rent, and upon the further 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 the judgment and any and all arrears in rent and/or use and occupancy within one business day after such deposit.
That branch of the motion for poor person relief is granted.