Maude Boltz v Peter Ascolesi
Motion No: 2006-01109 kc
Slip Opinion No: 2006 NYSlipOp 74850(U)
Decided on August 17, 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 : GOLIA, J.P., RIOS and BELEN, JJ.

NO. 2006-1109 K C
MAUDE BOLTZ,

Respondent,

-against-

PETER ASCOLESI,

Appellant.

DECISION

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 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.