| 600 Hylan Assoc., LLC v Ilonka Polshak, Undertenant, -and- Naomi Hunter |
| Motion No: 2006-01253 RIC |
| Slip Opinion No: 2006 NYSlipOp 75687(U) |
| Decided on September 18, 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: 2nd and 11th JUDICIAL DISTRICTS
| 600 HYLAN ASSOCIATES, LLC, Respondent, -against- ILONKA POLSHAK, Undertenant, -and- NAOMI HUNTER, Appellant. |
DECISION
On the court's own motion, the two motions by tenant-appellant, returnable July 21, 2006 and July 31, 2006, are consolidated for purposes of disposition.
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 from August 1, 2006, 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.