Joseph Rosina & Margaret Rosina v Annette Parra
Motion No: 2006-01138 sc 06-29-2006
Slip Opinion No: 2006 NYSlipOp 74798(U)
Decided on August 31, 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 : 9th and 10th JUDICIAL DISTRICTS


PRESENT : RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ.


NO. 2006-1138 S C
JOSEPH ROSINA AND MARGARET ROSINA,

Respondents,

-against-

ANNETTE PARRA,

Appellant.

DECISION

That branch of the motion by tenant-appellant for a stay pending appeal is granted on condition that the appeal is perfected by November 3, 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 tenant's share of the Section 8 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.

That branch of the motion for poor person relief is granted.