| Juan Hilario v Thomas Leyden |
| Motion No: 2006-01311 C |
| Slip Opinion No: 2006 NYSlipOp 77029(U) |
| Decided on September 22, 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
| JUAN HILARIO, Respondent, -against- THOMAS LEYDEN, Appellant. |
DECISION
Motion by appellant to stay enforcement of the judgment is granted and enforcement of the judgment is stayed pending hearing and determination of the appeal on condition that within 10 days from the date of the order hereon tenant deposit with the court below any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal is perfected by December 1, 2006. 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.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.