| Municipal Hous. Auth. for City of Yonkers v Viki Tunley |
| Motion No: 2006-01166 wc |
| Slip Opinion No: 2006 NYSlipOp 74830(U) |
| Decided on August 11, 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
| THE MUNICIPAL HOUSING AUTHORITY FOR THE CITY OF YONKERS, Respondent, -against- VIKI TUNLEY, Appellant. |
DECISION
That branch of the motion by tenant-appellant to be restored to possession of the premises pending determination of the appeal 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, at the rate of $184 for June 2006, and at the rate of $191 per month thereafter, and upon the further condition that tenant perfect the appeal by November 3, 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 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.