| Luna Park Hous. Corp. v Michael Palladino |
| Motion No: 2005-02002 kc 04-21-2006 |
| Slip Opinion No: 2006 NYSlipOp 69915(U) |
| Decided on May 30, 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 appellant to reinstate and continue the stay contained in the order of this court dated March 3, 2006 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 February 1, 2006 at the rate previously payable as rent and continue to pay use and occupancy to landlord as it becomes due. Upon failure of tenant to deposit arrears or make a required payment for use and occupancy, landlord may move upon 3 days' notice to vacate the stay. Tenant shall perfect the appeal by August 4, 2006; otherwise stay vacated without further order of this court. 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.