Appellate Division: Second Judicial Department

M41182

C/cf

ANITA R. FLORIO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-04272 True Zion Gospel Temple, Inc., appellant, v Jimmy T. Roberson, respondent. (Index No. 11826/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated February 27, 2006, in effect, to stay the appellant's eviction from the subject premises pending the hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,

ORDERED that the motion is granted and the appellant's eviction from the subject premises is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before July 21, 2006, and (2) the appellant pay the sum of $1,500 per month to the respondent for the use and occupancy of the subject premises, with the payment for July 2006 to be made on or before July 3, 2006, and payments for all subsequent months to be made on or before the first day of each subsequent month, pending hearing and determination of the appeal; and it is further,

ORDERED that in the event that the appellant does not comply with the foregoing conditions, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FLORIO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court