Jorge Astro v Nelson Dj Realty, & "john & Jane Doe"
Motion No: 2006-00806 qc 05-24-2006
Slip Opinion No: 2006 NYSlipOp 71091(U)
Decided on June 21, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.


NO. 2006-806 Q C
JORGE ASTRO,

Respondent,

-against-

NELSON DJ REALTY,
and "JOHN AND JANE DOE",

Appellant.

DECISION

Motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by September 1, 2006; otherwise stay vacated. Tenant is directed to pay to landlord any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this order and to continue to pay landlord use and occupancy at a like rate as it becomes due. Upon failure of tenant to make a required payment, landlord may move upon 3 days' notice to vacate the stay.